reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:34 - Preceptors

Current through Register Vol. 51, page 10, July 15, 2024
Clinical preceptors may be used to enhance clinical learning
				  experiences after a student has received clinical and didactic instruction in a
				  specific clinical area as defined in §
									20:48:07:30(3) or
				  20:48:07:30.1. When preceptors are
				  used in the nursing program, the following criteria must be
				  demonstrated:
(1) Preceptors are
				utilized in a supportive role to the program faculty. The program retains
				ultimate responsibility for student learning and evaluation;
(2) Policies are developed by the nursing
				education program for the selection, evaluation, and reappointment of
				preceptors;
(3) Preceptors are
				licensed at or above the level for which the student is preparing. Written
				qualifications are developed which address licensure, educational preparation,
				experience, and competence in nursing practice for the level of nursing
				education being offered;
(4)
				Preceptors receive information and orientation regarding:
(a) The program's philosophy;
(b) Purpose and outcomes;
(c) Curriculum;
(d) Pertinent policies and
				procedures;
(e) Learning objectives
				for the clinical or practicum experience;
(f) The role and responsibilities of the
				preceptors, students, and the nursing program faculty;
(g) The evaluation procedure and forms to be
				used; and
(h) Any information
				regarding the individual student's knowledge, abilities, and skills which is
				needed to assure safe client care;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:35 - Types of nursing education program approval

Current through Register Vol. 51, page 10, July 15, 2024
The types of program approval include the following:
(1) Prerequisite status, granted when the
				board determines that required initial criteria for the establishment of a new
				nursing program are met. The institution or program must obtain prerequisite
				approval before proceeding with further planning for the new nursing
				program;
(2) Interim status,
				granted to a new program after all requirements for prerequisite status are
				met. The nursing program must obtain interim status before accepting students
				for admission;
(3) Full status,
				granted to a nursing education program that meets the minimum standards stated
				in this chapter; and
(4)
				Probationary status, given as a warning by the board that there are
				deficiencies within the program and minimum standards are not being
				met.
General Authority:
SDCL
					 36-9-21(8),
					 36-9A-41.
Law Implemented:
SDCL
					 36-9-58.2,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:36 - Prerequisite status

Current through Register Vol. 51, page 10, July 15, 2024
An institution wishing to establish a new program in nursing
				  shall take the following steps to obtain prerequisite status:
(1) Submit to the board a request for
				prerequisite status including the type of education program to be
				offered;
(2) Submit a statement of
				intent to the board at least 12 months in advance of the expected opening date
				for a registered nurse program and 8 months for a practical nurse program. The
				statement of intent shall include the following:
(a) Copies of articles of incorporation or
				statutory authority documenting the legal authority of the governing
				institution to offer a nursing program of the specified type and to confer the
				proposed degree, diploma, or certificate;
(b) A statement specifying the type of the
				proposed program;
(c) A description
				of the educational philosophy, purpose, and outcomes of the governing
				institution;
(d) A description of
				the accreditation status of the governing institution;
(e) A description of the national nursing
				accreditation status for a new APRN program; and
(f) A statement from the institution's
				governing board authorizing the new program;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:37 - Interim status

Current through Register Vol. 51, page 10, July 15, 2024
A new program may apply for interim status after
				  requirements for prerequisite status have been met.
The program seeking interim status shall submit a request for
				  interim status and documentation that the governing institution has employed
				  people to plan and develop the program, including a program administrator and
				  faculty for program development. At least five full calendar months before the
				  month of the expected opening date of the program, the program shall submit the
				  following documentation:
(1)
				Anticipated student population;
(2)
				A plan for organization of the program with institutional and nursing
				department organizational charts;
(3) Criteria for the selection of
				faculty;
(4) Nursing course syllabi
				including the following:
(a) Course
				title;
(b) Course
				description;
(c) Time allotment for
				the course;
(d) Prerequisites for
				the course;
(e) Course
				objectives;
(f) Course
				content;
(g) Learning or teaching
				methods;
(h) Method of evaluation;
				and
(i) Course descriptions for the
				general education and support courses.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:38 - Continuation of interim status

Current through Register Vol. 51, page 10, July 15, 2024
Following graduation of the first class of a program in
				  interim status, the program shall submit a self-evaluation report of compliance
				  with board standards for nursing education or communication from a national
				  accreditation body on meeting accreditation standards for advanced practice
				  nursing education programs. A survey team shall conduct a site visit to verify
				  compliance with board standards. If the results of the site visit indicate
				  noncompliance with board standards, the survey team may recommend probationary
				  status - withdrawal of program approval as outlined in §
									20:48:07:43. Interim status shall
				  continue for up to two measuring periods as described in §
									20:48:07:47 commencing with the
				  graduation of the program's first class unless the board extends the time not
				  to exceed an additional two measuring periods. Noncompliance with board
				  standards for nursing education, as established in this chapter, at this time,
				  shall result in probationary status - withdrawal of program approval as
				  outlined in §
									20:48:07:43.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58.2,
					 36-9-58.3,
					 36-9A-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:39 - Full status

Current through Register Vol. 51, page 10, July 15, 2024
After the undergraduate prelicensure registered nurse or
				  practical nurse program has achieved a 75 percent pass rate for first-time
				  writers of the licensing examination for two consecutive measuring periods as
				  described in §
									20:48:07:47, or after an APRN
				  program obtains full accreditation status from a national nursing accrediting
				  agency approved by the U.S. Department of Education, a new nursing education
				  program may apply for full status approval. At least 30 days before a regularly
				  scheduled board meeting, the program shall submit a request for full status and
				  include documentation regarding changes, progress in addressing previous board
				  recommendations, and compliance with the required passing rate on licensing
				  examinations. The program must cooperate with the board in submitting materials
				  to determine compliance with educational standards established in this chapter.
				  The board may grant full status to an undergraduate registered nurse or
				  practical nurse program if the program complies with educational standards and
				  the passing rate on licensing examinations and to an APRN program if the
				  program holds national accreditation status from a national nursing accrediting
				  agency approved by the U.S. Department of Education.
The program may request a hearing in accordance with SDCL
				  chapter 1-26 if the board questions its compliance with board standards
				  established in this chapter.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58.2,
					 36-9-58.3,
					 36-9-58.4,
					 36-9A-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:40 - Approval for reorganization

Current through Register Vol. 51, page 10, July 15, 2024
An existing nursing education program may request the board
				  for approval of reorganization. The program shall submit with its request a
				  narrative self-evaluation report which includes the following:
(1) Authorization for reorganization from the
				governing institution;
(2) Proposed
				organizational structure;
(3)
				Anticipated student population;
(4)
				Timetable for implementing the plan for reorganization; and
(5) Evidence of compliance with the criteria
				for the evaluation of nursing programs established in this chapter.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9A-5 8.2,
					 36-9A-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:41 - Survey visit

Current through Register Vol. 51, page 10, July 15, 2024
The board shall survey and evaluate all nursing education
				  programs at least every four years to ensure continuing compliance with board
				  standards of nursing education or more often as considered necessary. Before
				  the survey visit, the program shall submit a narrative self-evaluation report
				  which provides evidence of compliance with the criteria for the evaluation of
				  nursing programs as established in this chapter. Representatives of the board
				  shall conduct the survey visit on dates mutually acceptable to the board and
				  the program. The board shall send an announcement of a survey visit to the
				  program at least 90 days in advance of the visit. The board shall request
				  programs to participate in scheduling survey visit activities. The board shall
				  make a draft of the survey visit report available to the program for review and
				  correction of factual information.
Following the board's review of the program's self-evaluation
				  report and the report of the survey visit, the board shall decide on the
				  approval status of the program. The board shall send written notice regarding
				  the approval status of the program and any board recommendations to the
				  administrator of the governing institution and the administrator of the nursing
				  education program.
General Authority:
SDCL
					 36-9-21(8),
					 36-9A-41.
Law Implemented:
SDCL
					 36-9-58.3,
					 36-9-64,
					 36-9-64.1,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:42 - Fees for surveys

Current through Register Vol. 51, page 10, July 15, 2024
The board shall collect the following fees for the survey of
				  a new or existing nursing education program:
(1) $100 a day;
(2) Travel expenses in accordance with
				chapter 5:01:02 for all board representatives making the site survey
				visit.
General Authority:
SDCL
					 36-9-21(7),
					 36-9A-41.
Law Implemented:
SDCL
					 36-9-58.3,
					 36-9-64.1,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:43 - Probationary status - Withdrawal of program approval

Current through Register Vol. 51, page 10, July 15, 2024
If a survey team determines at any time that a program is
				  not complying with the board's standards for nursing education established in
				  this chapter, the survey team shall file a report with the board identifying
				  the alleged deficiencies and send a copy to the administrator of the nursing
				  program and the administrator of the governing institution. Upon receipt of the
				  survey team report and any written response from the program, the board shall
				  schedule a meeting with program representatives to consider the alleged
				  deficiencies and the board's recommendations.
If the board changes the program's approval status to
				  probationary status, the board shall send written notice regarding the board's
				  decision and the board's recommendations to the administrator of the governing
				  institution and the administrator of the nursing education program. The board
				  shall individually determine the period of time for probationary status in
				  relation to the nature of the deficiencies, with no less than one year allowed
				  for the correction of deficiencies.
At the expiration of the probationary period, if the program
				  has failed to correct the deficiencies to the board's satisfaction and has not
				  implemented the board's recommendations, the board may withdraw approval after
				  a hearing in accordance with SDCL chapter 1-26. If the program corrects the
				  deficiencies to the board's satisfaction and implements the board's
				  recommendations, the board may restore the program's approval status. The board
				  shall give the administrator of the nursing program and the administrator of
				  the governing institution written notice of any change in approval
				  status.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58.4,
					 36-9-66,
					 36-9-67,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:44 - Voluntary closing of approved program

Current through Register Vol. 51, page 10, July 15, 2024
The administrator of an approved nursing education program
				  that is voluntarily closing shall notify the board in writing, including the
				  reason for closing, the date of intended closing, and a plan that includes
				  provisions for currently enrolled students and disposition of records. The
				  governing institution may choose one of the following two closing
				  procedures:
(1) Continuance until the
				last class enrolled is graduated, with the following requirements:
(a) The program must continue to meet the
				board standards for nursing education until all of the enrolled students are
				graduated;
(b) The date of closure
				is the date on the degree, diploma, or certificate of the last graduate;
				and
(c) The governing institution
				must notify the board of the official closing date; or
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:45 - Involuntary closing of program

Current through Register Vol. 51, page 10, July 15, 2024
If the board denies approval or withdraws approval of a
				  program after a hearing, the governing institution must comply with the
				  following closing procedures:
(1) The
				program must close after assisting in the transfer of students to other
				approved programs. The board shall establish the schedule for the transfer
				process;
(2) The governing
				institution shall submit to the board a list of the names of students who have
				transferred to approved programs and the date the last student was transferred;
				and
(3) The date the last student
				was transferred is the closing date of the program.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-67,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:46 - Custody and disposition of records of closed programs

Current through Register Vol. 51, page 10, July 15, 2024
Custody and disposition of records of closed programs must
				  be maintained in one of the following ways:
(1) If the governing institution continues to
				function, it shall assume responsibility for the records of the students and
				the graduates. The institution shall advise the board of the arrangements made
				to safeguard the records; or
(2) If
				the governing institution ceases to exist, the institution shall transfer the
				academic transcript of each student and graduate to the board office for safe
				keeping.
The institution shall consult the board about the disposition
				  of all other records.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58,
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:47 - Maintaining ongoing approval - Undergraduate nursing education programs

Current through Register Vol. 51, page 10, July 15, 2024
To maintain ongoing approval each undergraduate program must
				  maintain a minimum of a 75 percent passing rate for first-time writers on the
				  National Council Licensing Examination, as calculated pursuant to this section.
				  If the program fails to meet this requirement for two consecutive measuring
				  periods, the board shall require the program to submit a detailed action plan
				  for improvement of NCLEX scores. For purposes of this section, the term,
				  measuring period, means that period commencing on January 1 of each calendar
				  year and continuing until December 31 of the calendar year in which the number
				  of first-time writers on the National Council Licensing Examination since the
				  start of the respective measuring period equals or exceeds twenty-one.
				  Measuring periods may overlap.
Each program must submit a report to the board in the format
				  and by the deadline prescribed by the board. The format shall include
				  information related to students, faculty, graduates, curriculum, and clinical
				  facilities. The board shall review each program's annual report and determine
				  whether the program continues to comply with board standards for nursing
				  education. If the program does not comply with the board standards, the board
				  shall make recommendations to the school to address the areas of noncompliance
				  within a designated time.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58,
					 36-9-64.
Example:
The number of first-time writers from
					 the program in question is as follows:
January 1, 2004-December 31, 2004: 10 first-time
					 writers;
January 1, 2005-December 31, 2005: 8 first-time
					 writers;
January 1, 2006-December 31, 2006: 7 first-time writers;
					 and
January 1, 2007-December 31, 2007: 12 first-time
					 writers.
The first measuring period is January 1, 2004, through
					 December 31, 2006, since 25 first-time writers will have written the licensing
					 examination during such period. The second measuring period is January 1, 2005,
					 through December 31, 2007, since 27 first-time writers will have written the
					 licensing examination during such period. If the 75 percent pass rate was not
					 achieved on both of the two measuring periods, the board would place the
					 program on probationary status and send the notice of deficiency as required by
					 §
											20:48:07:43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:47.01 - Maintaining ongoing approval of advanced practice registered nurse programs

Current through Register Vol. 51, page 10, July 15, 2024
To maintain ongoing approval, each advanced practice nursing
				  education program must maintain accreditation from a national nursing
				  accrediting agency approved by the U.S. Department of Education. A program that
				  has national accreditation shall:
(1)
				Submit to the board copies of accreditation related correspondence with the
				national nursing accrediting agency within 10 days of receipt on initial
				accreditation, reaccreditation, or substantial program changes;
(2) Submit to the board any report from a
				national accrediting agency citing deficiencies or recommendations within 10
				days of receipt by the nursing program;
(3) Notify the board within ten days of any
				change in accreditation status; and
(4) Be subject to an on-site visit at the
				discretion of the board in accordance with §§
									20:48:07:41 and
				20:48:07:42.
If the program loses national accreditation the board shall
				  require the program to submit a detailed action plan to correct
				  deficiencies.
Each program must submit a report to the board in the format
				  and by the deadline prescribed by the board. The format shall include
				  information related to students, faculty, graduates, curriculum, and clinical
				  facilities. The board shall review each program's annual report and determine
				  whether the program continues to comply with board standards for nursing
				  education. If the program does not comply with the board standards, the board
				  shall make recommendations to the school to address the areas of noncompliance
				  within a designated time.
General Authority:
SDCL
					 36-9A-41.
Law Implemented:
SDCL
					 36-9A-5,
					 36-9A-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:48 - Nationally accredited nursing programs

Current through Register Vol. 51, page 10, July 15, 2024
A nursing program that holds national accreditation status
				  from a national nursing accrediting agency approved by the U.S. Department of
				  Education is exempt from §
									20:48:07:41 for the purpose of
				  maintaining on-going full approval status. A program that has national
				  accreditation shall:
(1) Submit to the
				board evidence of initial accreditation and shall submit evidence of continuing
				accreditation after each reaccreditation review;
(2) Submit to the board any report from a
				national accrediting agency citing deficiencies or recommendations at the time
				the report is received by the nursing program;
(3) Notify the board within ten days of any
				change in accreditation status;
(4)
				Continue to maintain on-going approval status with the board upon receipt and
				review of the documents required in subdivisions (1) and (2) unless otherwise
				notified by the Board; and
(5) Be
				subject to an on-site visit at the discretion of the board in accordance with
				this chapter.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58,
					 36-9-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:49 - Distance education programs

Current through Register Vol. 51, page 10, July 15, 2024
Delivery of instruction by distance education methods must
				  be congruent with the nursing program curriculum plan and enable students to
				  achieve program outcomes in accordance with §
									20:48:07:28. A distance education
				  program that meets the following requirements may be incorporated into a
				  nursing program curriculum:
(1) Has a
				means for assessing individual student outcomes and program outcomes;
(2) Is approved by the agency regulating
				nurses in the jurisdiction of origination;
(3) Complies with the regulatory requirements
				in each state that the program is being offered;
(4) Requires faculty to be licensed as a
				registered nurse in the state of South Dakota or have privilege to practice
				when teaching didactic and clinical nursing education to practical nursing
				students or registered nursing students who are physically located in the state
				of South Dakota. For programs offering advanced practice nursing education,
				requires faculty to be licensed as an advanced practice registered nurse in the
				state of South Dakota or have privilege to practice when teaching advanced
				practice nursing students who are physically located in South Dakota.
(5) Provides student with adequate clinical
				instruction to meet program outcomes;
(6) Provides adequate technical support and
				assistance to students and faculty;
(7) Provides for student access to faculty
				members and resources;
(8) Assures
				security of the student's personal information in conducting assessments and
				evaluations and in disseminating the results of distance learning courses;
				and
(9) Assures the integrity of
				student work.
General Authority:
SDCL
					 36-9-21(8).
Law Implemented:
SDCL
					 36-9-58.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07 - Approval of nursing education programs › Section 20:48:07:50 - Simulation

Current through Register Vol. 51, page 10, July 15, 2024
A nursing education program may use simulation as a
				  substitute for traditional clinical experiences, not to exceed fifty percent of
				  the total program clinical hours. A program that uses simulation shall provide
				  evidence that the following standards have been met.
(1) Faculty involved in simulations, both
				didactic and clinical, shall have training in the use of simulation and shall
				engage in on-going professional development in the use of simulation.
(2) The program shall demonstrate that the
				simulation activities are linked to programmatic outcomes.
(3) The program shall have written policies
				and procedures on the following:
(a)
				Short-term and long term plans for integrating simulation into the
				curriculum;
(b) Method of
				debriefing each simulated activity; and
(c) Plan for orienting faculty to
				simulation.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07.01 - Clinical enrichment programs › Section 20:48:07.01:01 - Application for approval

Current through Register Vol. 51, page 10, July 15, 2024
Each clinical enrichment program must be approved initially
				  and annually by the board. Board approval must be obtained prior to the
				  acceptance of the student employees. The institution or agency must send a
				  letter requesting approval of the program to the board accompanied by a written
				  factual report prepared according to the following outline:
I. Philosophy and objectives.
A. Philosophy -- an expression of the
				institution's or agency's belief about nursing and its role in the education of
				nurses.
B. Objectives -- the
				identification of measurable outcomes of the program.
1. The facilities available to achieve the
				objectives.
2. A plan to facilitate
				achievement of the objectives.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07.01 - Clinical enrichment programs › Section 20:48:07.01:02 - Criteria for approval

Current through Register Vol. 51, page 10, July 15, 2024
Using information supplied in the written factual report
				  required by § 20:48:07.01:01, the board shall base its decision to grant
				  approval of a clinical enrichment program on the following criteria:
(1) The institution or agency must be
				licensed or approved by local or state agencies or governing bodies;
(2) The institution or agency must submit a
				written philosophy and measurable program objectives;
(3) The program must have the facilities
				available to achieve the objectives;
(4) The institution or agency must have a
				plan for achieving the objectives;
(5) The program coordinator must be a
				registered nurse with a current South Dakota license;
(6) The preceptors must be registered nurses
				with current South Dakota licenses and must have at least one year of
				successful clinical experience;
(7)
				Responsibilities of instructional staff must be documented and there must be a
				plan for orientation of instructional staff;
(8) The preceptor/student employee ratio for
				the clinical setting must be 1:1;
(9) The institution or agency must have
				written admission criteria for student employees;
(10) The evaluation tool must enable the
				preceptor and the student employee to determine the extent to which the
				objectives were met.
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-28(2),
					 36-9-58.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:07.01 - Clinical enrichment programs › Section 20:48:07.01:03 - Written report required

Current through Register Vol. 51, page 10, July 15, 2024
Each institution or agency with an approved clinical
				  enrichment program must submit a written evaluation report based on the
				  objectives of the program to the board office by October 1 each
				  year.
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-28(2),
					 36-9-58.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:08

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health adopted guidelines for universal
					 precautions and required health care workers to comply with them effective
					 January 26, 1995.)South Dakota Board of Nursing Declaratory Ruling
					 94-4.
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-49.
Declaratory Ruling:
If a licensee of the Board
					 of Nursing who is reported under ARSD 44:20:02:08 to have a communicable
					 disease, such as HIV or hepatitis B, fails to follow universal precautions as
					 set forth by the Centers for Disease Control and Prevention (CDC) and adopted
					 by the South Dakota Department of Health, the Board of Nursing could discipline
					 the licensee under SDCL
					 36-9-49(5) upon
					 proof that the licensee has negligently, willfully, or intentionally acted in a
					 manner inconsistent with the health or safety of persons entrusted to the
					 nurse's care or under SDCL
					 36-9-49(10) upon
					 proof that the licensee has been guilty of gross incompetence or unprofessional
					 or dishonorable conduct. The board must investigate and decide each case
					 individually and judge the case on its facts and circumstances. Violation of
					 the guidelines would be evidence of a possible violation of the statutes cited
					 but would not create an irrebuttable presumption of the violation or cause
					 automatic disciplinary action. Testimony would have to establish whether a
					 violation of SDCL
					 36-9-49(5) or
					 (10) occurred because of the violation of the
					 guidelines, and the licensee could raise defenses on mitigating evidence.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-51.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-49,
					 36-9-51.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-49,
					 36-9-51.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-49,
					 36-9-51.2.
Contents of notice of hearing, SDCL
					 1-26-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:08 › Section 20:48:08:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 36-9-51.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:10 - Rules: initiation, repeal, amendment › Section 20:48:10:01 - Petition for initiation, repeal, or amendment of rules

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the board to promulgate, amend, or repeal
				  a rule or declaratory rule may file with the board a petition in substantially
				  the following form:
State of South Dakota
Board of Nursing
Petition for (Promulgation, Repeal or Amendment) of
				  Rule
Pursuant to the provisions of SDCL
				  1-26-13, I, (
name of
				  petitioner
), of (
address of petitioner
), am (
title or
				  capacity of petitioner
), and do hereby petition the South Dakota board
				  of nursing for the (
promulgation, repeal or amendment
), of the
				  following rule:
1. The text of the new rule proposed, or the existing rule
				  sought to be repealed or amended is:
2. If, by this petition, the petitioner seeks the amendment
				  of the rule cited in number 1 above, the text of the rule as it is proposed to
				  read after amendment is:
3. The reasons why the new rule is necessary or the repeal or
				  amendment of the existing rule is required are:
Dated at (
city and state
), this ___ day of _____
				  19__.
(
Signature of petitioner
)
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 1-26-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:10 - Rules: initiation, repeal, amendment › Section 20:48:10:02 - Board action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days following receipt of the petition, the board
				  shall either issue its order denying the petition and serve a copy of same by
				  mail upon the petitioner, or initiate rule-making proceedings in accordance
				  with SDCL 1-26, in which case the hearing held thereon pursuant to subsection
				  (1) of SDCL
				  1-26-4 shall be held not later than
				  60 days following receipt of the petition.
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 1-26-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:11 › Section 20:48:11:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 1-26-16,
					 1-26-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:11 › Section 20:48:11:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL 1-26-18.1,
					 1-26-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:11 › Section 20:48:11:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-21.
Law Implemented:
SDCL
					 1-26-30.
Appeals from administrative agencies, SDCL
					 1-26-30 to
					 1-26-37.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:13 - Nurse education assistance scholarship program › Section 20:48:13:01 - Separation of funds - Disbursement

Current through Register Vol. 51, page 10, July 15, 2024
The funds collected for the nurse education assistance
				  scholarship program from fees paid by each licensed practical nurse and
				  registered nurse at the time of licensure renewal shall be set aside in
				  separate accounts.
Nurse education assistance scholarship funds generated by
				  licensed practical nurse renewal fees shall be disbursed only to recipients
				  enrolled in a nursing education program leading to initial practical nurse
				  licensure.
Nurse education assistance scholarship funds generated by
				  registered nurse renewal fees shall be disbursed to recipients enrolled in a
				  nursing education program leading either to initial registered nurse licensure
				  or to registered nurse degree enhancement.
General Authority:
SDCL
					 36-9-76.
Law Implemented:
SDCL
					 36-9-35,
					 36-9-43,
					 36-9-76,
					 36-9-77,
					 36-9-79.
Fees required of registered nurses, §
											20:48:06:01; Fees required of
					 licensed practical nurses, §
											20:48:06:02.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:13 - Nurse education assistance scholarship program › Section 20:48:13:02 - Additional qualification criteria

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the criteria for qualifying for the nurse
				  education assistance scholarship program listed in SDCL
				  36-9-78, the applicant
				  must:
(1) Be accepted into a nursing
				education program located in South Dakota that leads to initial licensure or be
				accepted into a nursing education program leading to registered nurse degree
				enhancement that is acceptable to the board;
(2) Demonstrate financial need as determined
				by:
(a) Personal financial information
				submitted by the applicant;
(b)
				Evaluation by the financial aid officer at school in which applicant is
				enrolled;
(c) The amount of
				financial aid for which the applicant is eligible from other sources in
				relation to the total direct educational expenses as submitted by the
				school;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:13 - Nurse education assistance scholarship program › Section 20:48:13:03 - Disbursements

Current through Register Vol. 51, page 10, July 15, 2024
Funds from the nurse education assistance scholarship program
				  shall be disbursed directly to the educational institution at the beginning of
				  each academic term.
General Authority:
SDCL
					 36-9-76.
Law Implemented:
SDCL
					 36-9-80.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:13 - Nurse education assistance scholarship program › Section 20:48:13:10 - Administrative costs

Current through Register Vol. 51, page 10, July 15, 2024
The costs for administration of the nurse education
				  assistance scholarship program shall be deducted from the loan
				  fund.
General Authority:
SDCL
					 36-9-76.
Law Implemented:
SDCL
					 36-9-76.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:14 - Nursing corporations › Section 20:48:14:01 - Initial application

Current through Register Vol. 51, page 10, July 15, 2024
An application for registration as a nursing corporation or
				  for a certificate of registration for a health care corporation must be filed
				  with and approved by the board before that corporation conducts the practice of
				  nursing in South Dakota for any of the purposes listed in SDCL
				  47-11E-1 or
				  47-11F-3. The initial application
				  shall include the following:
(1) Name
				of the corporation applying for registration;
(2) The business address of the main office
				of the corporation;
(3) The purpose
				of the corporation,
(4) A copy of
				the articles of incorporation of the corporation, certified by the Secretary of
				State, along with a certified copy of all amendments to them;
(5) A copy of the minutes of the
				corporation's organizational meeting;
(6) A written list that includes the names,
				business addresses, and nursing license numbers of all officers, directors, and
				shareholders of the corporation and of other employees of the corporation who
				are authorized to practice nursing;
(7) A sworn statement from an officer of the
				corporation stating that the corporation will not hold itself out to the public
				as possessing any skills or expertise not possessed by nurses in noncorporate
				practice and that the corporation will not do anything which if done by a nurse
				employed by it would violate the standards of professional conduct established
				for such a nurse pursuant to SDCL chapter 36-9 or 36-9 A and this article or
				article 20:62; and
(8) An initial
				registration fee of $100.
(9) An
				application for a certificate of registration for a health care corporation
				shall also include:
(a) . A written list that
				includes the names, business addresses, and license numbers of all other health
				care professional officers, directors, and shareholders authorized to practice
				in South Dakota or licensed under Title 36;
(b) A sworn statement that the shareholders
				of Corporation, members of the limited liability company, or partners in
				limited liability partnership, may only be professional persons licensed to
				render the kind of professional service that fit the purpose of the
				corporation, limited liability company, or limited liability
				partnership;
(c) Include a
				statement that the officers and directors of corporation, the governors and
				managers of limited liability company, and the partners of limited liability
				partnership, must be professional persons licensed to render the kind of
				professional services that fit the purpose of the corporation, limited
				liability company, or limited liability partnership.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:14 - Nursing corporations › Section 20:48:14:02 - Approval of application

Current through Register Vol. 51, page 10, July 15, 2024
The board shall approve an application for registration of a
				  nursing corporation or a certificate of registration for a health care
				  corporation after confirming the following:
(1) The application required by §
									20:48:14:01 is complete;
(2) The registration fee required by
				subdivision 20:48:14:01(8) has been paid;
(3) All officers, directors, shareholders,
				and other employees of the corporation who are authorized to practice nursing
				have active licenses issued pursuant to SDCL chapter 36-9 or 36-9 A;
				and
(4) No disciplinary action is
				pending before the board against any of the officers, directors, shareholders,
				or other employees of the corporation who are authorized to practice
				nursing.
General Authority:
SDCL
					 47-11E-20,
					 47-11F-18.
Law Implemented:
SDCL
					 47-11E-1,
					 47-11E-20,
					 47-11F-5,
					 47-11F-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:14 - Nursing corporations › Section 20:48:14:03 - Annual renewal

Current through Register Vol. 51, page 10, July 15, 2024
By November 1 of each year, each approved nursing corporation
				  or professional corporation shall apply in writing to the board for renewal of
				  its registration or certificate of registration for the following calendar year
				  and shall provide in writing any changes to the initial application or previous
				  renewal. The application shall include a renewal fee of $25. The board shall
				  review and approve the renewal application after confirmation that the
				  application meets the requirements of §
									20:48:14:02.
General Authority:
SDCL
					 47-11E-20,
					 47-11F-18.
Law Implemented:
SDCL
					 47-11E-1,
					 47-11E-20,
					 47-11F-5,
					 47-11F-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:14 - Nursing corporations › Section 20:48:14:04 - Denial of registration or certificate

Current through Register Vol. 51, page 10, July 15, 2024
The board may deny the application for registration of a
				  nursing corporation or a certificate of registration for a health care
				  corporation upon proof that:
(1) The
				initial application or the application for renewal does not comply with
§§
										20:48:14:01 and
				  20:48:14:03, as applicable;
(2) The nursing corporation or
				health care corporation committed fraud, deceit, or misrepresentation in its
				initial or renewal application;
(3)
				The nursing corporation or health care corporation engaged in the practice of
				nursing before approval of its initial application pursuant to §
									20:48:14:02 or after expiration
				and before renewal of its registration pursuant to §
									20:48:14:03; or
(4) The nursing corporation or health care
				corporation, or any of its officers, directors, shareholders, or employees
				authorized to practice nursing, is in violation of SDCL
				47-11E-17 or
				47-11F-8.
General Authority:
SDCL
					 47-11E-20,
					 47-11F-18.
Law Implemented:
SDCL
					 47-11E-1,
					 47-11E-16,
					 47-11E-17,
					 47-11E-20,
					 47-11F-8,
					 47-11F-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:15 - Nurse licensure compact › Section 20:48:15:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in the nurse licensure compact pursuant to SDCL
				  chapter 36-9 have the same meaning when used in this chapter. In addition,
				  terms used in this chapter mean:
(1)
				"Board," the party state's regulatory body responsible for issuing nurse
				licenses;
(2) "Information system,"
				the coordinated licensure information system;
(3) "Primary state of residence," the state
				of a person's declared fixed permanent and principal home for legal purposes;
				domicile;
(4) "Public," any
				individual or entity other than designated staff or representatives of party
				state boards or the National Council of State Boards of Nursing, Inc.
General Authority:
SDCL
					 36-9-92.
Law Implemented:
SDCL
					 36-9-92.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:15 - Nurse licensure compact › Section 20:48:15:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-92.
Law Implemented:
SDCL
					 36-9-92.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:15 - Nurse licensure compact › Section 20:48:15:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-9-92.
Law Implemented:
SDCL
					 36-9-92.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:15 - Nurse licensure compact › Section 20:48:15:04 - Information system

Current through Register Vol. 51, page 10, July 15, 2024
(1) Levels of
				access to the information system:
(a) The
				public shall have access to nurse licensure information limited to:
(i) The nurse's name;
(ii) The jurisdiction(s) of
				licensure;
(iii) The license
				expiration date(s);
(iv) The
				licensure classification(s) and status(es);
(v) Public emergency and final disciplinary
				actions, as defined by contributing state authority; and
(vi) The status of multistate licensure
				privileges;