Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Board," the South Dakota Board of Nursing Facility Administrators; (2) "Nursing facility," any institution or facility defined as such for licensing purposes under South Dakota law or pursuant to the rules for nursing facilities and homes for…

The board shall adopt rules pursuant to chapter 1-26 to develop, impose, and enforce standards which shall be met by persons in order to receive a license as a nursing facility administrator. The standards shall ensure that nursing facility administrators are persons who, by trai…

The board may develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of §

The board may issue a license to a qualified person and may establish qualification criteria pursuant to chapter 1-26 . No license may be issued to a person as a nursing facility administrator unless the applicant: (1) Is at least eighteen years of age, of good moral character, a…

Each applicant for licensure as a nursing facility administrator in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application,…

The board may issue an emergency permit to practice as a nursing facility administrator for a period not to exceed one year to a qualified person filing a written application with the board. The board may adopt rules pursuant to chapter 1-26 regarding application procedures, rene…

The board may issue a nursing facility administrator license to any person who holds a current license as a nursing facility administrator or equivalent license from another jurisdiction, if the board finds that the standards for licensure in such other jurisdiction are at least …

Any person applying to be licensed as a nursing facility administrator shall pay a nonrefundable initial license fee in an amount set by rule promulgated by the board pursuant to chapter 1-26 , which may not exceed five hundred dollars. The initial license fee shall be prorated t…

The board may license nursing facility administrators in accordance with this chapter and rules promulgated by the board pursuant to chapter 1-26 . A nursing facility administrator license is not transferable and is valid until surrendered for cancellation or suspended or revoked…

Each nursing facility administrator license expires on December thirty-first of even-numbered years and is renewable biennially thereafter upon application to the board and payment of a renewal fee set in rule promulgated by the board pursuant to chapter 1-26 . The renewal fee ma…

The board may issue a duplicate license and may promulgate rules pursuant to chapter 1-26 and set a fee, which may not exceed one hundred dollars. Source: SL 1986, ch 302 , § 109; SL 2000, ch 199 , § 5; SL 2008, ch 191 , § 68; SL 2014, ch 186 , § 15.

A licensed nursing facility administrator may file for inactive status and pay a fee of not more than three hundred dollars. The administrator may reactivate the license within five years of the date of inactivation by completing an application, paying the required fee, completin…

The board consists of five members. The members of the board shall be appointed by the Governor and shall include four members who are licensed nursing facility administrators who are actively practicing in South Dakota and one member of the general public who is not an administr…

The board may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for renewal of a license. Source: SL 1986, ch 302 , § 110; SL 2014, ch 186 , § 20. 36-28-22. Repealed by SL 2014, ch 186 , § 21.

The board may investigate and take appropriate action if it comes to the attention of the board that a licensee may have violated a provision of this chapter or a rule promulgated pursuant to this chapter. The board may revoke or suspend a license of any licensee violating any pr…

Any fee collected under the provisions of this chapter shall be paid to the board, who shall keep the fee in a fund, which may be used and expended by the board to pay the compensation and travel expenses, pursuant to § 3-9-2 , of members and employees of the board and other expe…

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this en…

Vacancies on the board shall be filled by the Governor for the balance of any unexpired term from persons qualified under the provisions of this chapter. Appointive members of the board may be removed by the Governor for cause after due notice and hearing. Source: SL 1969, ch 113…

The board shall annually elect from its membership a president, vice president, and secretary-treasurer, and shall adopt rules pursuant to chapter 1-26 to govern its proceedings. No officer may serve more than three consecutive one-year terms. The board may expend funds for admin…

The board shall meet at least annually. A majority of the members constitute a quorum. A majority vote of those present constitutes a decision of the entire board. Source: SL 2014, ch 186 , § 4.

The Board of Nursing Facility Administrators shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required …

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising …

It is a Class 1 misdemeanor for any person to act or serve in the capacity of a nursing facility administrator unless he is the holder of a license issued in accordance with the provisions of this chapter. Source: SL 1969, ch 113 , § 15; SDCL Supp, § 34-12A-5; SL 1977, ch 190 , §…

The board may commence an action for an injunction for a violation of this chapter or regulation promulgated pursuant to this chapter. Source: SDCL Supp, § 34-12A-5.1, created as new section to carry out directions to the Code Commission contained in SL 1972, ch 15 , § 4; SL 2014…

Notwithstanding the provisions of § 36-28-12 , nothing in this chapter or the rules thereunder shall be construed to require an applicant for a license as a nursing facility administrator or a temporary license, who is certified by a recognized church or religious denomination wh…

The board shall adopt rules pursuant to chapter 1-26 to determine the qualifications and competence of any person to serve as an administrator of a nursing facility under the provisions of this chapter. The holder of a license under the provisions of this chapter may serve as the…