South Dakota Administrative Code

Rule 20:49:07:02 Duplicate licenses. 20:49:07:02. Duplicate licenses. The board may issue a duplicate license upon request and payment of a $50 fee. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopt…

20:49:08:01. Application for renewal. To renew a license, a licensee must apply to the Board of Nursing Facility Administrators by December thirty-first of each even-numbered year and report any information requested by the board on forms provided by the board. A licensee need no…

20:49:08:01.01. Fee for renewal. The nonrefundable fee for renewal of a license is three hundred ninety dollars. Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 18 SDR 86, effective November 17…

20:49:08:02. Inactive status -- Reactivation. A licensee may place the license on inactive status upon completion of a form provided by the Board of Nursing Facility Administrators and payment of a nonrefundable fee of one hundred fifty-nine dollars. A licensee may reactivate the…

Rule 20:49:08:03 Continuing education requirements. 20:49:08:03. Continuing education requirements. 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 administra…

Rule 20:49:08:04 Criteria for continuing education course approval. 20:49:08:04. Criteria for continuing education course approval. 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…

Rule 20:49:08:05 Repealed. 20:49:08:05. Attendee request for continuing education approval. Repealed. Source: 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 47, effective July 1, 2014.

Rule 20:49:10:01 Repealed. 20:49:10:01. Right to counsel.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:02 Repealed. 20:49:10:02. Procedure without counsel.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:03 Repealed. 20:49:10:03.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Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:04 Repealed. 20:49:10:04. Subpoenas.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:05 Repealed. 20:49:10:05. Determination of hearing officer.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:06 Repealed. 20:49:10:06. Findings and conclusions.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:07 Repealed. 20:49:10:07. Availability of records.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.

Rule 20:49:10:08 Repealed. 20:49:10:08. Procedures in contested cases. Repealed. Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 48, effective July 1, 2014.

Rule 20:49:10:09 Repealed. 20:49:10:09. Procedures in board hearings. Repealed. Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 49, effective July 1, 2014.

Rule 20:49:14:01 Petition for declaratory ruling. 20:49:14:01. Petition for declaratory ruling. Any person may petition the board to issue a declaratory ruling by filing a written request. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, e…

Rule 20:49:14:02 Repealed. 20:49:14:02. Board action on petition. 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, § 51, effective July 1, 2014.

20:49:15:01. Grounds for revocation, suspension, or other action. The Board of Nursing Facility Administrators 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 contin…

20:49:15:02. Unprofessional conduct. Unprofessional conduct includes: (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; …

20:50:01:01. Definitions. Words defined in SDCL 36-7 have the same meaning when used in this article. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022. General Authority: SDCL 36…

20:50:02:01. Time of examinations. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 31 SDR 101, effective January 19, 2005; 39 SDR 127, effective January 21, 2013; 49 SDR 12, effective August 14, 2022.…

20:50:02:02. Application for licensure. Each applicant for licensure shall apply to the board on prescribed forms. An applicant shall attest that the applicant has reviewed and agrees to comply with this state's optometry law and ethics. An applicant for licensure must submit a s…

Rule 20:50:02:03 Repealed. 20:50:02:03. Requirements of application for admission to practice examination fees.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985. 20:50:02:03.01. Fees. The application fee for initial licensure …

20:50:02:03.01. Fees. The application fee for initial licensure is $175. The application fee is non-refundable and must be paid before the board will issue a license. Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effect…

20:50:02:04. Examination subjects -- Admission to practice. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 49 SDR 12, effective August 14, 2022. Rule 20:50:02:04.01…

Rule 20:50:02:04.01 Repealed. 20:50:02:04.01. Examination subjects -- Topical pharmaceutical agents. Repealed. Source: 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 39 SDR 127, effective January 21, 2013.

Rule 20:50:02:04.02 Repealed. 20:50:02:04.02. Examination fees -- Topical pharmaceutical agents.Repealed. Source: 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 31 SDR 101, effective January 1…

20:50:02:04.03. Licensure by endorsement. An applicant for licensure by endorsement shall submit the application and fingerprints required by § 20:50:02:02 and pay the application fee for initial licensure pursuant to § 20:50:02:03.01. The application must be supported by written…

20:50:02:04.04. Minimum educational requirements -- Pharmaceutical agents. Repealed. Source: 13 SDR 44, effective October 20, 1986; 31 SDR 101, effective January 19, 2005; 49 SDR 12, effective August 14, 2022.

Rule 20:50:02:04.05 Repealed. 20:50:02:04.05. Certification requirements -- Pharmaceutical agents. Repealed. Source: 15 SDR 40, effective September 13, 1988; 17 SDR 199, effective June 30, 1991; 31 SDR 101, effective January 19, 2005; repealed, 39 SDR 127, effective January 21, 2…

Rule 20:50:02:04.06 Repealed. 20:50:02:04.06. Certification requirements -- Glaucoma and ocular hypertension -- Approved institutions. Repealed. Source: 20 SDR 209, effective July 1, 1994; repealed, 39 SDR 127, effective January 21, 2013.

Rule 20:50:02:05 Transferred. 20:50:02:05. Transferred to § 20:50:02:06.01.

20:50:02:06. National board examinations required. To obtain licensure, an applicant must pass the following examinations certified by the National Board of Examiners in Optometry: (1) Part I, Applied Basic Science; (2) Part II, Patient Assessment and Management; (3) Part III, Pa…

20:50:02:06.01. Passing grade. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:50:02:05, 17 SDR 199, effective June 30, 1991; 49 SDR 12, effective August 14, 2022.

20:50:02:07. Issuance of license. The Board may not issue a license to a successful applicant until the applicant has secured and equipped an office in this state that meets the requirements of § 20:50:06:01 or has arranged a bona fide association with a licensed optometrist in t…

Rule 20:50:02:08 Annual renewal fees. 20:50:02:08. Annual renewal fees. The annual renewal fee for licensed optometrists is $300 if paid by the first day of October of each year. The additional fee for reinstatement after a default, pursuant to SDCL 36-7-20, is $100 for each cale…

20:50:03:01. Recognized optometric schools or colleges. A recognized optometric school or college is a school or college approved by the Accredication Council on Optometric Education of the American Optometric Association. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January …

20:50:04:01. Confidential communications. All information received from the patient in the course of treatment must be treated as a privileged communication and held inviolate. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective Jul…

20:50:04:02. Advising patient. An optometrist shall advise a patient if, during the course of an examination, the optometrist discovers a health condition that is outside the optometrist's scope of practice. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR…

20:50:04:03. Serving as optician prohibited. An optometrist may not in any manner publicize as or serve as an optician. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR…

20:50:04:04. Maintenance of office. An office maintained for the practice of optometry must be clean and sanitary. The office must be exclusive of any other business and must be physically disconnected from any commercial business or influence in the same building by use of floor…

20:50:04:05. Use of word "doctor." No optometrist, when using the title of "doctor" in advertising, may qualify it in any way other than by the use of the word "optometrist." When not using the title, an optometrist may use the letters "O.D." after the optometrist's name, or the …

Rule 20:50:04:05.01 Repealed. 20:50:04:05.01. Conspicuous sign for optometrists certified to prescribe therapeutic drugs.Repealed. Source: 13 SDR 44, effective October 20, 1986; repealed, 31 SDR 101, effective January 19, 2005.

20:50:04:06. Optometrist to write and release prescription -- Requests for medical records. Upon the request of a patient for whom an optometrist has prescribed spectacle lenses, the optometrist shall issue the prescription and deliver a copy to the patient. A spectacle lens pres…

20:50:04:07. Claims of superiority. An optometrist may not claim to have superior qualifications, superior equipment available for use in the optometrist's practice, or a superior quality of service to patients, to other similarly licensed optometrists. An optometrist certified t…

Rule 20:50:04:08 Repealed. 20:50:04:08. Use of office for advertising.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

20:50:04:09. Division of fees -- Payments to employees. An optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with a layperson, firm, or corporation, or another optometrist or licensed medical practitioner, exce…

Rule 20:50:04:10 Repealed. 20:50:04:10. Fees based on services rendered.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

20:50:04:11. Improper business relationships. The following business relationships are prohibited: (1) An office rental, lease, or office space-sharing arrangement that, by virtue of location, causes the optometrist to be in violation of SDCL 36-7-17 by being directly employed by…