Section 36-28-6 – Unlicensed acting as administrator as misdemeanor.
36-28-6. Unlicensed acting as administrator as misdemeanor. 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 […]
Section 36-28-7 – Injunction to prevent violation.
36-28-7. Injunction to prevent violation. 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, ch 186, §6.
Section 36-28-8 – Exemption from medical educational qualifications for applicants certified by church or religious denomination.
36-28-8. Exemption from medical educational qualifications for applicants certified by church or religious denomination. 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 […]
Section 36-28-9 – Adoption of rules by board for determining qualifications and competence of administrators–License holders deemed qualified.
36-28-9. Adoption of rules by board for determining qualifications and competence of administrators–License holders deemed qualified. 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 […]
Section 36-28-10 – Adoption of rules by board to develop, impose, and enforce licensing standards.
36-28-10. Adoption of rules by board to develop, impose, and enforce licensing standards. 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 […]
Section 36-28-11 – Examination and investigation techniques–Fees.
36-28-11. Examination and investigation techniques–Fees. The board may develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of §36-28-10. Examination and re-examination fees are nonrefundable and shall be fixed in rules promulgated by the board pursuant to chapter 1-26 and may not exceed two hundred dollars. Source: […]
Section 36-28-12 – Age, character, training and examination requirements for administrator’s license.
36-28-12. Age, character, training and examination requirements for administrator’s license. 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 […]
Section 36-28-12.1 – Criminal background investigation of applicants for licensure and licensees under disciplinary investigation–Fees.
36-28-12.1. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation–Fees. 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 […]
Section 36-28-13 – Emergency permit–Duration of permit–Rules–Fee.
36-28-13. Emergency permit–Duration of permit–Rules–Fee. 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, renewal procedures, supervision, and the […]
Section 36-28-5.1 – Immunity of board, members, and agents.
36-28-5.1. Immunity of board, members, and agents. 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 from claims […]