South Dakota Administrative Code

20:48:09:01. Petition for declaratory ruling. Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:09:02. Board action on petition. Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

Rule 20:48:10:01 Petition for initiation, repeal, or amendment of rules. 20:48:10:01. Petition for initiation, repeal, or amendment of rules. Any person wishing the board to promulgate, amend, or repeal a rule or declaratory rule may file with the board a petition in substantiall…

Rule 20:48:10:02 Board action on petition. 20:48:10:02. Board action on petition. 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 proceeding…

20:48:11:01. Petition for hearing. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:11:02. Notice of hearing. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:11:03. Briefs. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:11:04. Decision. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:11:05. Petition for review. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

20:48:11:06. Judicial review. Repealed. Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 48 SDR 40, effective October 5, 2021.

Rule 20:48:13:01 Separation of funds -- Disbursement. 20:48:13:01. Separation of funds -- Disbursement. The funds collected for the nurse education assistance scholarship program from fees paid by each licensed practical nurse and registered nurse at the time of licensure renewal…

Rule 20:48:13:02 Additional qualification criteria. 20:48:13:02. Additional qualification criteria. In addition to the criteria for qualifying for the nurse education assistance scholarship program listed in SDCL 36-9-78, the applicant must: (1) Be accepted into a nursing educati…

Rule 20:48:13:03 Disbursements. 20:48:13:03. Disbursements. Funds from the nurse education assistance scholarship program shall be disbursed directly to the educational institution at the beginning of each academic term. Source: 16 SDR 37, effective August 30, 1989; 41 SDR 12, ef…

Rule 20:48:13:04 Repealed. 20:48:13:04. Consolidation of awards. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:05 Repealed. 20:48:13:05. Additional criteria for repayment of loans by employment. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:06 Repealed. 20:48:13:06. Extension of loan repayment period. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:07 Repealed. 20:48:13:07. Minimum loan payment. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:08 Repealed. 20:48:13:08. Demand for payment. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:09 Repealed. 20:48:13:09. Cancellation of promissory note. Repealed. Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

Rule 20:48:13:10 Administrative costs. 20:48:13:10. Administrative costs. The costs for administration of the nurse education assistance scholarship program shall be deducted from the loan fund. Source: 16 SDR 37, effective August 30, 1989; 41 SDR 12, effective July 31, 2014. Gen…

20:48:14:01. Initial application. 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. The…

20:48:14:02. Approval of application. 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…

20:48:14:03. Annual renewal. By November 1 of each year, each approved nursing corporation or health care 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 an…

20:48:14:04. Denial of registration or certificate. 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 com…

Rule 20:48:15:01 Repealed. 20:48:15:01. Definitions. Repealed. Source: 27 SDR 54, effective December 6, 2000; 45 SDR 9, effective July 30, 2018.

Rule 20:48:15:02 Repealed. 20:48:15:02. Issuance of license by compact party state. Repealed. Source: 27 SDR 54, effective December 6, 2000; 35 SDR 166, effective December 26, 2008; 41 SDR 12, effective July 31, 2014; 45 SDR 9, effective July 30, 2018.

Rule 20:48:15:03 Repealed. 20:48:15:03. Limitations on multistate licensing privilege. Repealed. Source: 27 SDR 54, effective December 6, 2000; 35 SDR 166, effective December 26, 2008; 45 SDR 9, effective July 30, 2018.

Rule 20:48:15:04 Repealed. 20:48:15:04. Information system. Repealed. Source: 27 SDR 54, effective December 6, 2000; 45 SDR 9, effective July 30, 2018.

20:48:16:01. Operation of registry. The board shall operate the certified nurse aide and medication aide registry. The registry must contain the following information for each person who has gained registry status: (1) Full name of the registrant, including maiden name and any su…

20:48:16:02. Medication aide registration -- Application -- Title. The board shall register an individual seeking initial registration as a medication aide if the individual: (1) Applies on the form provided by the board; (2) Holds a high school diploma or equivalent; (3) Success…

20:48:16:03. Medication aide registration -- Renewal or reinstatement. A registered medication aide shall renew the registration as a medication aide biennially. Renewal of registration is by the birth date of the registrant. The board shall send a notice for renewal to the last …

20:48:16:04. Grounds for denial of application or removal from registry. The board, in compliance with SDCL chapters 1-26 and 36-1C, may deny an applicant or remove a certified nurse aide or a registered medication aide from the registry, or may take other disciplinary or correct…

20:48:16:05. Name change requirements. If an applicant or registrant has a change of name, the applicant or registrant must, within sixty days, submit to the board an application and a certified copy of the legal instrument or other written evidence that authenticates the name ch…

20:48:16:06. Registration reporting requirements. An applicant or registrant shall, within sixty days of the event, report to the board either of the following events: (1) A change of address; and (2) A complaint pending with, or discipline issued by, another licensing board. Sou…

20:48:16:07. Emergency suspension of registration. The executive director may issue an order of emergency suspension to an individual who is registered by the board as a certified nurse aide or a medication aide if the continued practice by the individual constitutes an imminent …

20:48:16:08. Certified nurse aide registration -- Competency assessment program. An applicant, as a requirement for registration as a certified nurse aide, shall pass a board-approved competency assessment program consisting of a knowledge exam, administered by a testing agency i…

20:48:16:09. Certified nurse aide registration -- Knowledge exam requirements. The board may contract with a testing agency to develop and administer a certified nurse aide knowledge exam to applicants for registration as a certified nurse aide. The testing agency shall: (1) Have…

20:48:16:10. Certified nurse aide registration -- Skills evaluation requirements. To administer the skills evaluation required by § 20:48:16:08, a board-approved nurse aide training program shall: (1) Use a pool of skills evaluation checklists approved by the board; (2) Use a ski…

20:48:16:11. Certified nurse aide registration -- Skills evaluator qualifications. A certified nurse aide skills evaluator must: (1) Hold a registered nurse license or privilege to practice in this state; (2) Have a minimum of one year of clinical experience caring for older adul…

20:48:16:12. Certified nurse aide registration -- Application -- Title. The board shall register an individual seeking initial registration as a certified nurse aide if the individual: (1) Applies on the form provided by the board; (2) Submits an affidavit that the applicant has …

20:48:16:13. Certified nurse aide registration -- Application by endorsement. The board shall register an individual seeking registration as a certified nurse aide by endorsement from another state if the individual: (1) Applies on the form provided by the board; (2) Submits an a…

20:48:16:14. Certified nurse aide registration -- Renewal or reinstatement. A certified nurse aide registered by the board shall renew the registration biennially. Renewal of registration is by the birth date of the registrant. The board shall send a notice for renewal to the las…

20:48:17:01. Program personnel qualifications and duties. The board may employ or contract with 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 ca…

20:48:17:02. Evaluation committee qualifications and duties. The board shall appoint an evaluation committee comprised of at least three members. Committee members shall hold licensure as health care providers with expertise in treating substance use or mental health disorders. E…

20:48:17:03. Standards for approval of treatment programs and health professionals. Program personnel shall maintain a list of approved mental health or substance use disorder treatment programs and qualified health professionals for use by participants. Qualified treatment progr…

20:48:17:04. Voluntary enrollment. An individual may be voluntarily enrolled in the program upon meeting the application requirements in § 20:48:17:06 and if the applicant: (1) Does not have a history of nursing practice involving significant harm or death to a patient; (2) Has n…

20:48:17:05. Board-ordered enrollment. 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 § 20:48:17:06, shall be en…

20:48:17:06. Application and admission to program. 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, may apply for a South Dakota nursing license and is …

20:48:17:07. Program participation. 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 agreement to the participant, the participant’s medical provide…

20:48:17:08. Return to practice requirements. A participant, who has agreed to refrain from practice, may return to nursing practice upon submitting evidence of: (1) Compliance with the signed participation agreement; (2) Identification and approval by program personnel of a work…