36-28-1. Definition of terms. 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 aged by the State Department of Health, whether […]
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 […]
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: […]
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 […]
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 […]
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 […]
36-28-14. Issuance of license to license holder from another jurisdiction. 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 substantially […]
36-28-15. Initial fee for license. 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 to the next biennial […]
36-28-16. Transfer of license not authorized–Period of validity of license. 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 for violation of this […]
36-28-18. Expiration and renewal of license–Fee. 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 may not exceed five hundred dollars. Source: […]
36-28-18.1. Duplicate licenses. 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.
36-28-18.2. Application for inactive status–Reactivation–Fee. 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, completing the continuing education requirement, passing the […]
36-28-2. Board–Appointment–Qualifications–Terms of members. 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 administrator or employee of a […]
36-28-21.1. Promulgation of rules. 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.
36-28-23. Action by board for license violation–Revocation or suspension of license. 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 […]
36-28-25. Disposition of fees. 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 […]
36-28-28. Severability of provisions. 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 end the provisions of this chapter […]
36-28-3. Vacancies on board–Removal of members. 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, […]
36-28-4. Officers of board–Rules–Terms–Services. 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 administrative, consultant, and other necessary services for the board […]
36-28-4.1. Meetings–Quorum. 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.
