South Dakota Administrative Code

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…

20:48:17:09. Toxicology screening. Participants enrolled for substance use issues shall submit lab specimens for baseline toxicology screening within the first ten days of enrollment in the program to the program’s approved testing vendors in the manner required by the testing ve…

20:48:17:10. Failure to comply with program requirements -- Refrain-from-practice agreement. A participant who fails to comply may be reported to the board. Failure-to-comply incidences include: (1) A positive toxicology screen; (2) An unexcused, missed, tampered with, or abnorma…

20:48:17:11. Leave of absence. 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 me…

20:48:17:12. Discharge criteria. 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 …

20:48:17:13. Participant records. Program personnel shall maintain applicant and participant records including name, license number, referral information, board orders, intake information, signed and dated participation agreement, authorizations for release of confidential inform…

20:48:17:14. Reporting requirements. 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 disor…

20:48:17:15. Program participation fees. 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. Source: 48 SDR 40, effective October 5, 2021. Genera…

20:48:18:01. Certified nurse aide training program -- Application for approval. A person or institution desiring to offer a nurse aide training program shall apply to the board for approval. An institution that provides nurse aide training in multiple locations affiliated with th…

20:48:18:02. Certified nurse aide training program -- Requirements for approval. The board shall approve a nurse aide training program if the application demonstrates that the applicant: (1) Has written admission criteria that screens students for findings of and convictions for …

20:48:18:03. Certified nurse aide training program -- Requirements for documentation. A nurse aide training program shall maintain the following documentation, and provide it to the board upon request: (1) A list of students enrolled in the program; (2) The date a student complet…

20:48:18:04. Certified nurse aide training program -- Clinical facility agreement required. A nurse aide training program that is not affiliated with a nursing facility must have a written affiliation agreement in place between the training program and a nursing facility or a com…

20:48:18:05. Certified nurse aide training program -- Program director qualifications -- Notification to the board. The program director of an approved nurse aide training program shall meet the following qualifications: (1) Hold an unencumbered registered nurse license or privil…

20:48:18:06. Certified nurse aide training program -- Program director duties. The program director of a nurse aide training program shall: (1) Provide general supervision of the nurse aide training program in compliance with this chapter; (2) Select qualified primary nurse instr…

20:48:18:07. Certified nurse aide training program -- Primary nurse instructor qualifications and duties. To be appointed as a primary nurse instructor and to teach the required curriculum set forth in § 20:48:18:09, an individual must: (1) Hold a registered nurse or licensed pra…

20:48:18:08. Certified nurse aide training program -- Supplemental personnel. To be appointed as supplemental personnel and to assist with the teaching of the curriculum content in § 20:48:18:09, an individual must: (1) Have one year of experience in the content area of expertise…

20:48:18:09. Certified nurse aide training program -- Curriculum requirements. A nurse aide training program must require students to complete seventy-five hours of theoretical instruction and supervised practical training under the direct supervision of a licensee. The training …

20:48:18:10. Certified nurse aide training program – Renewal of approval -- Site visit. A person or institution that operates an approved nurse aide training program shall apply for renewal of board approval biennially by the deadline prescribed by the board. The board shall cond…

20:48:18:11. Certified nurse aide training program – Withdrawal of approval. In accordance with SDCL chapter 1-26, the board may withdraw approval of a nurse aide training program if: (1) Program personnel refuse to permit the site visit required in § 20:48:18:10; (2) The program…

20:48:18:12. Certified nurse aide training program -- Reinstatement of approval. A person or institution whose training program is withdrawn, pursuant to § 20:48:18:11, may apply to reinstate approval. The board may conduct a site visit to determine compliance with the requiremen…

Rule 20:49:01:01 Definitions. 20:49:01:01. Definitions. Terms used in this article mean: (1) "Preceptor," a licensee who has been licensed for at least four years in South Dakota, has had no revocation or suspension of a license or other action taken as deemed necessary to protec…

Rule 20:49:02:01 Meetings. 20:49:02:01. Meetings. The board shall meet semiannually or as often as necessary to transact its business. A quorum must be present to transact official business. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155,…

Rule 20:49:02:02 Repealed. 20:49:02:02. Officers and duties. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch …

Rule 20:49:02:03 President. 20:49:02:03. President. The president shall preside at all meetings of the board. In the absence of the president, the vice-president shall preside at meetings and perform all duties usually performed by the president. Source: SL 1975, ch 16, § 1; 12 S…

Rule 20:49:02:04 Repealed. 20:49:02:04. Secretary-treasurer. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25, 2009.

Rule 20:49:02:05 Repealed. 20:49:02:05. Emergency decisions.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 99, effective December 16, 1985.

Rule 20:49:02:06 Telephone meetings on rules or rulings. 20:49:02:06. Telephone meetings on rules or rulings. The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15. Source: 6 SDR 66, effective January 9, 198…

Rule 20:49:03:01 Examinations. 20:49:03:01. Examinations. An applicant for licensure must pass the following examinations: (1) The computer-based Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursi…

Rule 20:49:03:02 Repealed. 20:49:03:02. Retention of examinations. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, S…

Rule 20:49:03:03 Conditional admission to examination. 20:49:03:03. Conditional admission to examination. The board may conditionally admit to examination an applicant who has not fully established qualifications if, in the judgment of the board, it appears that the applicant is …

Rule 20:49:03:04 Disqualification of applicant. 20:49:03:04. Disqualification of applicant. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991; repealed, 36 SDR 27, eff…

Rule 20:49:03:05 Repealed. 20:49:03:05. Review of application. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 33, effective July 1, 2014.

Rule 20:49:03:06 Repealed. 20:49:03:06. New application after disqualification. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25, 2009.

Rule 20:49:03:07 Reexamination. 20:49:03:07. Reexamination. An applicant who has failed the national or state examination may retake the failed examination if the applicant pays the applicable nonrefundable examination fee. An applicant who has failed either examination is entitl…

Rule 20:49:03:08 Repealed. 20:49:03:08. Requalification.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.

Rule 20:49:03:09 Repealed. 20:49:03:09. Subjects for examination.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.

Rule 20:49:03:10 Repealed. 20:49:03:10. Grading examinations.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:03:11 Repealed. 20:49:03:11. Disclosure of ratings.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:03:12 Repealed. 20:49:03:12. Confidentiality.Repealed. Source: 2 SDR 86, effective June 27, 1976; repealed, 12 SDR 99, effective December 16, 1985.

20:49:04:01. Requirements for initial licensure. To obtain licensure as a nursing facility administrator, an applicant must submit the following to the Board of Nursing Facility Administrators: (1) A completed application form and a nonrefundable fee of three hundred ninety dolla…

Rule 20:49:04:02 Repealed. 20:49:04:02. Application requirements. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; transferred from § 20:49:04:05, 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective No…

Rule 20:49:04:03 Conviction of felony. 20:49:04:03. Conviction of felony. The board may refuse to issue a license if the applicant has been convicted, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had…

Rule 20:49:04:04 Repealed. 20:49:04:04. Federal qualifications.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:04:05 Transferred. 20:49:04:05. Transferred to § 20:49:04:02.