Last updated 6/1/26 1 44:70:01:01. Definitions. Terms used in this article mean:
(1) "Abuse," shown by a criminal conviction for, or substantial evidence of:
(a) Emotional or psychological abuse as defined in SDCL 22-46-1(4);
(b) Exploitation as defined in SDCL 22-46-1(5); or
(c) Physical abuse as defined in SDCL 22-46-1(7);
(2) "Activities of daily living," the tasks of transferring, moving about, dressing, grooming,
toileting, bathing, and eating performed routinely by a person to maintain physical functioning and
personal care;
(3) "Adequate staff," a sufficient number of qualified personnel to perform the duties
required to meet the performance criteria established in this article;
(4) "Administrator," a person appointed by the owner or governing body of a facility who is
responsible for managing the facility and who maintains an office on the premises of the facility;
(5) "Adult day care," a nonresident program in a licensed facility that provides health,
social, and related support services;
(6) "Communicable disease," as defined in § 44:20:01:01(8);
(7) "Cognitively impaired," having a deficiency that results in a diminished ability to solve
problems, to exercise good judgment in the context of a value system, to remember, and to be
aware of and respond to safety hazards;
(8) "Department," the South Dakota Department of Health;
(9) "Developmental disability," a severe, chronic disability of a person as defined in SDCL
27B-1-18;
(10) "Dietary manager," a person who is a dietitian, a graduate of an accredited dietetic
technician or dietetic manager training program, a graduate of a course that provides one hundred
twenty or more hours of classroom instruction in food service supervision, or a certified dietary
manager recognized by the Certifying Board for Dietary Managers and who functions with
Last updated 6/1/26 2 consultation from a dietitian;
(11) "Dietitian," a person who is registered with the Academy of Nutrition and Dietetics and
holds a current license to practice in accordance with SDCL chapter 36-10B;
(12) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is
licensed at a specific level, including all beds and related facilities in the unit;
(13) "Emergency care," professional health services immediately necessary to preserve life
or stabilize health due to the sudden, severe, and unforeseen onset of illness or accidental bodily
injury;
(14) "Exploitation," as defined in SDCL 22-46-1(5);
(15) "Facility," the place of business licensed in accordance with SDCL chapter 34-12 to
provide assisted living care for residents;
(16) "Governing body," an organized body of persons that is ultimately responsible for the
quality of care in a health care facility, maintaining the financial viability of the facility, and
formulating institutional policy;
(17) "Healthcare personnel," any employee, staff, or individual working in a healthcare
setting;
(18) "Legend drug," any drug that requires a label bearing the statement, Caution: Federal
law prohibits dispensing without prescription;
(19) "Licensed health professional," a physician, physician assistant, nurse practitioner,
physical therapist, speech-language pathologist, occupational therapist, physical or occupational
therapy assistant, nurse, nursing facility administrator, dietitian, pharmacist, respiratory therapist,
psychologist, or social worker who holds a current license to practice in this state or privilege to
practice;
(20) "Memory care unit," a distinct part of a facility in which the physical environment and
design maximizes functioning abilities, promotes safety, and encourages independence for a
Last updated 6/1/26 3 defined specific population, that is staffed by persons with training to meet the needs of residents
admitted to the unit;
(21) "Misappropriation of resident property," the deliberate misplacement, exploitation, or
wrongful, temporary, or permanent use of a resident's belongings or money without the resident's
consent;
(22) "Neglect," as defined in SDCL 22-46-1;
(23) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to
practice in this state in accordance with SDCL chapter 36-9;
(24) "Nurse aide," a person as defined in § 44:74:01:01(16);
(25) "Nurse practitioner," a person who practices as a nurse practitioner in accordance with
SDCL chapter 36-9A;
(26)(25) "Pharmacist," a person registered to practice pharmacy in accordance with SDCL
chapter 36-11;
(27)(26) "Physician," a person licensed to practice medicine in accordance with SDCL
chapter 36-4;
(28)(27) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4A;
(29)(28) "Qualified personnel," persons with the specific education, license, or training to
provide the health service for which they are employed;
(30)(29) "Regular diet," a nutritionally adequate diet using food items and written recipes
that can be prepared and correctly served by a staff person;
(31)(30) "Rehabilitation services," physical therapy, occupational therapy, respiratory
therapy, and speech therapy;
(32)(31) "Resident," a person not in need of acute care with a valid order by a physician,
physician assistant, or nurse practitioner for services in an assisted living center;
(33)(32) "Resident advocate," an agency responsible for the protection and advocacy of any
Last updated 6/1/26 4 residents;
(34)(33) "Respite care," care permitted within the scope of a facility license, with a limited
stay no greater than thirty days for any one resident;
(35)(34) "Restraint," a physical, chemical, or mechanical device used to restrict the
movement of a resident or the movement or normal function of a portion of the resident's body,
excluding devices used for specific medical and surgical treatment;
(36)(35) "Self-administration of medications," the removal of the correct dosage from the
pharmaceutical container and self-injecting, self-ingesting, or self-applying the medication with no
assistance or with assistance from qualified personnel of the facility for the correct dosage or
frequency;
(37)(36) "Terminal illness," a medical prognosis that the person's life expectancy is six
months or less if the illness runs its normal course;
(38)(37) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets,
that is ordered by a physician, physician assistant, nurse practitioner, or dietitian as part of the
treatment for a disease or clinical condition to increase, decrease, or eliminate certain substances in
the diet, and to alter food consistency;
(39)(38) "Total assistance," full performance of an activity with no participation by the
resident for any aspect of the activities of daily living;
(40)(39) "Transfer or discharge," the movement of a resident to a bed outside the distinct
part or outside the facility; and
(41)(40) "Unlicensed assistive personnel," a person who is not licensed as a nurse in
accordance with SDCL chapter 36-9 but who is trained to assist a nurse in the provision of nursing
care to a resident as delegated by the nurse and authorized by the provisions of chapter
20:48:04.01.
Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019;
Last updated 6/1/26 5 50 SDR 19, effective August 30, 2023.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13, 34-12-32.
Last updated 6/1/26 6 44:70:05:06. Total activities of daily living assistance. A facility may admit or retain a
resident who requires one or two personnel for total assistance with completing activities of daily
living. Each direct care personnel shall complete an approved certified nurse aide training program
pursuant to article 44:74 or an equivalent program approved by the department chapter 20:48:18
and be registered pursuant to chapter 20:48:16 before assisting a resident who requires total
assistance. In the facility, the registered nurse may be the program coordinator and the primary
instructor. The nurse shall conduct and document a nursing assessment for the resident's need of
total assistance initially upon requiring the services, upon a significant change in the resident's
condition, and at least semi-annually. The facility shall have a nurse to work the day shift at least
thirty-two hours per week when any resident requires the assistance of two personnel. A nurse
must be on call at all times. A facility that provides total assistance is not eligible for a staffing
exception allowed under § 44:70:03:02.01. If a mechanical lift is used, the lift must be operated by
at least two personnel with training on the use of the mechanical lift. The facility must document
training provided to personnel on the use of the lift. A resident toileting room and bathing room
must be large enough to accommodate two-person assistance.
Source: 46 SDR 65, effective November 26, 2019; 50 SDR 19, effective August 30, 2023.
General Authority: SDCL 34-12-13(5)(14).
Law Implemented: SDCL 34-12-13.
Last updated 6/1/26 7 44:73:01:01. Definitions. Terms used in this article mean:
(1) "Abuse," a criminal conviction for, or substantial evidence of:
(a) Emotional or psychological abuse as defined in SDCL subdivision 22-46-1(4);
(b) Exploitation as defined in SDCL subdivision 22-46-1(5); or
(c) Physical abuse as defined in SDCL subdivision 22-46-1(7);
(2) "Activities program," a diversional program under the direction of a therapeutic
recreation specialist or activity professional eligible for certification from the National
Certification Council of Activity Professionals, or a qualified occupational therapist or
occupational therapy assistant licensed pursuant to SDCL chapter 36-31;
(3) "Adequate staff," a sufficient number of qualified personnel to perform the duties
required to meet the performance criteria established by this article;
(4) "Administrator," a person licensed pursuant to SDCL chapter 36-28 and who maintains
an office on the premises of the facility;
(5) "Adult day care," a nonresident program in a licensed facility that provides health,
social, and related support services;
(6) "Clinical nurse Specialist," a person who practices the specialty of a clinical nurse
specialist and who is licensed pursuant to SDCL chapter 36-9;
(7) "Department," the South Dakota Department of Health;
(8) "Dietary manager," a person who is a dietitian, a graduate of an accredited dietetic
technician or dietetic manager training program, a graduate of a course that provides one hundred
twenty or more hours of classroom instruction in food service supervision, or a certified dietary
manager recognized by the Certifying Board for Dietary Managers and who functions with
consultation from a dietitian;
(9) "Dietitian," a person who is registered with the Commission on Dietetic Registration as a
dietician and holds a current license to practice in South Dakota pursuant to SDCL chapter 36-
Last updated 6/1/26 8 10B;
(10) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is
licensed at a specific level and all beds and related facilities thereof;
(11) "Exploitation," as defined in subdivision 22-46-1(5);
(12) "Facility," a place of business licensed in accordance with SDCL chapter 34-12 to
provide health care for residents;
(13) "Governing body," an organized body of persons that is responsible for the quality of
care in a health care facility, credentialing and granting privileges to the medical staff, maintaining
the financial viability of the facility, and formulating institutional policy;
(14) "Healthcare personnel," any employee, staff, or individual working in a facility;
(15) "Interdisciplinary team," a group of persons selected from multiple health disciplines
who have a diversity of knowledge and skills and who function as a unit to collectively address the
medical, physical, mental or cognitive, and psychosocial needs of a resident;
(16) "Legend drug," any drug that requires the label bearing the statement, Caution: Federal
law prohibits dispensing without prescription;
(17) "Licensed health professional," a physician, physician assistant, nurse practitioner,
physical therapist, speech-language pathologist, occupational therapist, physical or occupational
therapy assistant, nurse, nursing facility administrator, dietitian, pharmacist, respiratory therapist,
or social worker who holds a current license to practice in this state or privilege to practice;
(18) "Medical staff," practitioners that operate under bylaws approved by the governing
body and are responsible for reviewing the qualifications of practitioners applying for clinical
privileges and for the provision of medical care to residents in a health care facility;
(19) "Memory care unit," a distinct part of a facility in which the physical environment and
design maximizes functioning abilities, promotes safety, and encourages independence for a
defined population, and is staffed by persons with training to meet the needs of residents admitted
Last updated 6/1/26 9 to the unit;
(20) "Misappropriation of resident property," the deliberate misplacement, exploitation, or
wrongful, temporary, or permanent use of a resident's belongings or money without the resident's
consent;
(21) "Neglect," as defined in SDCL subdivision 22-26-1(6);
(22) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to
practice in this state in accordance with SDCL chapter 36-9;
(23) "Nurse aide," as defined in subdivision 44:74:01:01(16);
(24) "Nurse practitioner," a person who practices the specialty of a nurse practitioner in
accordance with SDCL chapter 36-9A;
(25)(24) "Pharmacist," a person registered to practice pharmacy pursuant to SDCL chapter
36-11;
(26)(25) "Physician," a person licensed to practice medicine pursuant to SDCL chapter 36-
4;
(27)(26) "Physician assistant," a person licensed pursuant to SDCL chapter 36-4A;
(28)(27) "Practitioner," one of the following:
(a) A physician;
(b) A dentist licensed pursuant to SDCL chapter 36-6A;
(c) A podiatrist licensed pursuant to SDCL chapter 36-8;
(d) An optometrist licensed pursuant to SDCL chapter 36-7;
(e) A chiropractor licensed pursuant to SDCL chapter 36-5;
(f) A pharmacist;
(g) A physical therapist licensed pursuant to SDCL chapter 36-10;
(h) An occupational therapist licensed pursuant to SDCL chapter 36-31;
(i) A nurse practitioner;
Last updated 6/1/26 10 (j) A physician assistant; or
(k) A speech-language pathologist licensed pursuant to SDCL chapter 36-37;
(29)(28) "Qualified personnel," persons with the specific education or training to provide
the health service for which they are employed;
(30)(29) "Regular diet," a nutritionally adequate diet using food items and written recipes
that can be prepared and correctly served by a staff person
(31)(30) "Resident," a person not in need of acute care with a valid order by a physician,
physician assistant, or nurse practitioner for services in a nursing facility;
(32)(31) "Restraint," a physical, chemical, or mechanical device used to restrict the
movement of a resident or the movement or normal function of a portion of the resident's body,
excluding devices used for specific medical and surgical treatment;
(33)(32) "Self-administration of medications," the removal of the correct dosage from the
pharmaceutical container and the self-injecting, self-ingesting, or self-applying of the medication
by the resident with no assistance or with assistance from qualified personnel of the facility for the
correct dosage or frequency;
(34)(33) "Social worker," a person who is licensed pursuant to SDCL chapter 36-26;
(35)(34) "Social service designee," a person who has a degree in a behavioral science field,
two years of previous supervised experience in a behavioral science field, is a licensed nurse, or
has similar qualifications;
(36)(35) "Therapeutic diet," any diet intervention ordered by a physician, physician
assistant, or nurse practitioner or a dietician authorized by a physician, physician assistant, or nurse
practitioner, that provides food, fluid, or nutrients via oral, enteral, or parenteral routes as part of
the treatment for a disease or clinical condition to modify or eliminate micro-nutrients and macro-
nutrients in the diet, or to alter food consistency;
(37)(36) "Transfer" or "discharge," the movement of a resident to a bed outside a distinct
Last updated 6/1/26 11 part or outside a facility;
(38)(37) "Treatment," a medical aid provided for the purposes of palliating symptoms,
improving functional level, or maintaining or restoring health; and
(39)(38) "Unlicensed assistive personnel," a person who is not licensed as a nurse in
accordance with SDCL chapter 36-9 but who is trained to assist a nurse in the provision of nursing
care to a resident as delegated by the nurse and authorized by chapter 20:48:04.01.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective
December 10, 1987; 15 SDR 155, effective April 20, 1989; 17 SDR 122, effective February 24,
1991; 19 SDR 95, effective January 7, 1993; 21 SDR 118, effective January 2, 1995; 22 SDR 70,
effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January
23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 29
SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 31 SDR 62,
effective November 7, 2004; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective
January 9, 2012; transferred from § 44:04:01:01, 42 SDR 51, effective October 13, 2015; 51 SDR
53, effective November 11, 2024.
General Authority: SDCL 34-12-7, 34-12-13.
Law Implemented: SDCL 34-12-13, 34-12-32.
Note: National Certification Council of Activity Professionals, https://www.nccap.org.
Last updated 6/1/26 12 CHAPTER 44:73:06
NURSING AND RELATED CARE SERVICES Section
44:73:06:01 Repealed.
44:73:06:02 Repealed.
44:73:06:03 Director of nursing.
44:73:06:04 Nursing policies and procedures.
44:73:06:05 Resident care plans and programs.
44:73:06:06 Repealed.
44:73:06:07 Nursing service staffing.
44:73:06:08 Intermittent nursing care, Repealed.
44:73:06:09 Hospice services.
44:73:06:10 Resident assessments.
44:73:06:11 Repealed.
44:73:06:12 Repealed.
44:73:06:13 Nurse aides, Repealed.
44:73:06:14 Use of qualified nurse aides required.
44:73:06:15 Nursing facility required to pay costs of training and competency evaluation.
Last updated 6/1/26 13 44:73:06:07. Nursing service staffing. A facility shall maintain a licensed nurse in charge
of nursing activities during each tour of duty. The director of nursing may not serve as charge
nurse in a facility with an average daily occupancy of sixty or more residents. The facility shall
have adequate staff to meet the resident's total care needs at all times. The ratio of licensed nurses
to nurse aides must be sufficient to ensure professional guidance and supervision in the nursing
care of the residents. For the purpose of this section, the term, nurse aide, means a person
registered pursuant to chapter 20:48:16.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective
December 10, 1987; 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7,
2004; transferred from § 44:04:06:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53,
effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Last updated 6/1/26 14 44:73:06:14. Use of qualified nurse aides required. A facility shall:
(1) Seek information from every state registry that the facility has reason to believe has
information on the nurse aide prior to allowing the individual to work as a nurse aide in the
facility;
(2) Evaluate the nurse aide to determine if the individual is competent to perform the duties
of a nurse aide, as documented by the nurse aide's supervisor;
(3) Ensure that the nurse aide is registered as a certified nurse aide pursuant to § 20:48:16.
A facility may use nurse aides who have not met subdivision (3) if the nurse aide has worked less
than four months in the facility and is enrolled as a full-time student in a certified nurse aide training
program or competency evaluation program, approved in accordance with § 20:48:04.01, or if the
nurse aide completed the training and the competency evaluation program and is awaiting
registration. The facility shall ensure that the nurse aide obtains registry status within a four-month
period.
Source:
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 15 44:74:02:06 44:73:06:15. Nursing facility required to pay costs of training and
competency evaluation. A nursing facility shall pay all costs of nurse aide training and competency
evaluation or reimburse the nurse aide for the cost incurred in completing the program if the facility
employs the aide within twelve months following completion of the training program.
Reimbursement may be made during the first twelve months of employment by installments. A
nursing facility is not required to pay the cost of training and competency evaluation of a training
program, conducted by an online or non-nursing home based nurse aide training program, if the
nurse aide leaves employment or is terminated before completing the facility's probationary period
of employment. The nursing facility's probationary period for nurse aides shall be similar to other
employees of the nursing home. A nursing facility shall not seek restitution for those installments
already paid to the nurse aide prior to termination. The nurse aide shall not seek payment of training
costs if costs have already been paid by another facility where previously employed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:06, 42 SDR 51,
effective October 13, 2015; transferred from § 44:74:02:06.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 16 ARTICLE 44:74
NURSE AIDE
(Repealed or transferred)
Chapter
44:74:01 Rules of General Applicability, Repealed.
44:74:02 Nurse Aides, Repealed or transferred.
CHAPTER 44:74:01
RULES OF GENERAL APPLICABILITY
(Repealed)
Section
44:74:01:01 Definitions, Repealed.
44:74:01:02 Scope of Article, Repealed.
Last updated 6/1/26 17 44:74:01:01. Definitions. Terms defined in SDCL 34-12-1.1 have the same meaning in this
article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an individual indicating that one or more of the
following has occurred:
(a) A criminal conviction against a person for mistreatment toward an individual; or
(b) In the absence of a criminal conviction, substantial evidence that one or more of the
following has occurred resulting in harm, pain, fear, or mental anguish:
(i) Misappropriation of a resident's property or funds;
(ii) An attempt to commit a crime against a resident;
(iii) Physical harm or injury against a resident; or
(iv) Using profanity, making a gesture, or engaging in any other act made to or
directed at a resident;
(2) "Activities of daily living," the tasks of transferring, moving about, dressing, grooming,
toileting, bathing, and eating performed routinely by a person to maintain physical functioning and
personal care;
(3) "Cognitively impaired," a patient or resident with a mental deficiency which result in a
diminished ability to solve problems, to exercise good judgment in the context of a value system, to
remember, and to be aware of and respond to a safety hazard;
(4) "Department," the South Dakota Department of Health;
(5) "Direct contact," any activity that requires physically touching a patient or resident;
(6) "Emergency care," professional health services immediately necessary to preserve life or
stabilize health due to the sudden, severe, and unforeseen onset of illness or accidental bodily injury;
(7) "Endorsement," the process of formally recognizing for the purpose of employment in a
licensed health care facility in South Dakota the qualifications of a person trained and evaluated in
another state as a nurse aide;
Last updated 6/1/26 18 (8) "Equivalency," training of another or different type that is determined by the department
to be equal to department approved training;
(9) "Exploitation," the wrongful taking or exercising of control over property of a person with
intent to defraud that person;
(10) "Facility," the place of business used to provide health care for patients or residents;
(11) "Healthcare worker," any paid person working in a healthcare setting;
(12) "Misappropriation of resident property," the deliberate misplacement, exploitation, or
wrongful, temporary or permanent use of a resident's belongings or money without the resident's
consent;
(13) "Mistreatment," an action that causes harm or has the potential to cause harm whether or
not harm to the individual was intended. The inappropriate use of an individual's property with the
individual's consent obtained through coercion, solicitation, or persuasion;
(14) "Neglect," harm to a person's health or welfare, without reasonable justification, caused
by the conduct of someone responsible for the person's health or welfare, including offensive
behavior made to or directed at a patient or resident, and the failure to provide timely, consistent,
and safe services, treatment, or care necessary to avoid physical harm, mental anguish, or mental
illness to the person;
(15) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to
practice in South Dakota pursuant to SDCL chapter 36-9;
(16) "Nurse aide," an individual providing nursing or nursing-related services who is not a
licensed health professional, or someone who volunteers to provide such services without pay who
is either:
(a) "Qualified," recognized as an individual who has successfully completed a training and
competency evaluation program. May be acknowledged as a certified nurse assistant (CNA); or
(b) "Unqualified," recognized as an entry level individual enrolled in a training and
Last updated 6/1/26 19 competency evaluation program;
(17) "Nursing personnel," staff which includes registered nurses, licensed practical nurses,
nurse aides, restorative aides, and orderlies;
(18) "Patient," a person with a valid order by a practitioner for diagnostic or treatment services
in a hospital, specialized hospital, critical access hospital, swingbed, ambulatory surgery center, or
chemical dependency treatment facility;
(19) "Personal care," assistance given by an adult foster care home owner in those areas of
daily living when a resident has difficulty functioning because of a physical, mental, or emotional
condition;
(20) "Registry," a computerized record of all nurse aides who have completed the minimum
nurse aide training and competency evaluation requirements in article 44:74 to obtain registry status
as a nurse aide;
(21) "Resident," a person not in need of acute care with a valid order by a practitioner for
services in a nursing facility;
(22) "Restorative nursing," a part of nursing directed toward assisting a patient to achieve and
maintain an optimal level of self-care and independence and which offers assistance to a patient in
learning or relearning of skills needed in everyday activities;
(23) "Restraint," a physical, chemical, or mechanical device used to restrict the movement of
a patient or resident or the movement or normal function of a portion of the patient's or resident's
body, excluding devices used for specific medical and surgical treatment;
(24) "Supervised practical training," training in a laboratory or other setting in which the nurse
aide performs health-related tasks on a patient or resident while under the direct supervision of a
licensed nurse; and
(25) "Treatment," a medical aid provided for the purposes of palliating symptoms, improving
functional level, or maintaining or restoring health Repealed.
Last updated 6/1/26 20 Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Last updated 6/1/26 21 44:74:01:02. Scope of article. Nothing in article 44:74 limits or expands the rights of any
healthcare worker to provide services within the scope of the professional's license, certification, or
registration, as provided by South Dakota law Repealed.
Source: 42 SDR 51, effective October 13, 2015
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-7, 34-12-13.
Last updated 6/1/26 22 CHAPTER 44:74:02
NURSE AIDES
(Transferred from Chapter 44:04:18, effective October 13, 2015)
(Repealed or transferred)
Section
44:74:02:01 Application of chapter, Repealed.
44:74:02:02 Employment of qualified nurse aides required, Repealed.
44:74:02:03 Exception for employment of unqualified nurse aides, Repealed.
44:74:02:04 Multistate registry verification required, Repealed.
44:74:02:05 Facilities required to maintain records, Repealed.
44:74:02:06 Nursing facility required to pay costs of training and competency evaluation,
Transferred.
44:74:02:07 Approval and reapproval of nurse aide training programs, Repealed.
44:74:02:08 Notice of change in approved training program, Repealed.
44:74:02:09 Denial or withdrawal of approval of training program, Repealed.
44:74:02:10 Qualifications of program coordinator, Repealed.
44:74:02:11 Qualifications of primary instructor, Repealed.
44:74:02:12 Qualifications of supplemental personnel, Repealed.
44:74:02:13 Supervision of students, Repealed.
44:74:02:14 Physical facilities, Repealed.
44:74:02:15 Nurse aide curriculum, Repealed.
44:74:02:16 Equivalency of education, Repealed.
44:74:02:17 Nurse aide competency evaluation program standards, Repealed.
44:74:02:18 Competency evaluation program administration standards, Repealed.
44:74:02:19 Facility proctoring of examination, Repealed.
Last updated 6/1/26 23 44:74:02:20 Notification to individual regarding successful or unsuccessful completion of
competency evaluation program, Repealed.
44:74:02:21 Operation of nurse aide registry, Repealed.
44:74:02:22 Registry status by application, Repealed.
44:74:02:23 Registry status by endorsement, Repealed.
44:74:02:24 Registry content, Repealed.
44:74:02:25 Renewal of certification, Repealed.
44:74:02:26 Grounds for revocation, denial, or suspension of nurse aide certification, Repealed.
44:74:02:27 Mandatory reporting of allegations, Repealed.
44:74:02:28 Investigation of allegations, Repealed.
44:74:02:29 Notice and hearing process, Repealed.
44:74:02:30 Documentation of substantiated allegations on registry, Repealed.
44:74:02:31 Procedure to remove of a finding of neglect from registry, Repealed.
Last updated 6/1/26 24 44:74:02:01. Application of chapter. Facilities defined in SDCL 34-12-1.1 must comply
with §§ 44:74:02:02 to 44:74:02:31, inclusive Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:01, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 25 44:74:02:02. Employment of qualified nurse aides required. Nurse aides shall meet the
following minimum qualifications of training, competency evaluation, registry status, and
performance:
(1) Successful completion of a training program and a competency evaluation program
approved by the department pursuant to §§ 44:74:02:07 and 44:74:02:17;
(2) Verification from the department of current registry status or eligibility for inclusion on
the registry;
(3) Acceptable employment performance as a nurse aide as documented by the aide's
supervisor;
(4) Annual attendance at a minimum of 12 hours of in-service education related to results of
performance review and of special resident needs; and
(5) Minimum age of 16 years old at time of employment Repealed.
Source: 21 SDR 118, effective January 2, 1995; 29 SDR 81, effective December 11, 2002;
transferred from § 44:04:18:02, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 26 44:74:02:03. Exception for employment of unqualified nurse aides. A facility may employ
for a maximum of four months an individual to provide nurse aide duties who does not meet the
qualifications of § 44:74:02:02 if the individual is enrolled in a training and competency evaluation
program approved by the department pursuant to §§ 44:74:02:07 and 44:74:02:17 or if the individual
can prove that approved training and competency evaluation has been completed and the individual
has not yet been included on the registry. The facility shall ensure that such an individual actually
obtains registry status within the four-month period Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:03, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 27 44:74:02:04. Multistate registry verification required. A facility shall seek information
from every state registry that the facility has reason to believe has information on the individual
before allowing the individual to work as a nurse aide. A nurse aide shall apply for endorsement
through the South Dakota Board of Nursing within 30 days of employment. A facility may not
employ a nurse aide for more than 60 days unless the aide provides proof the endorsement has been
requested Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:04, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 28 44:74:02:05. Facilities required to maintain records. A facility shall maintain employment
records that verify the qualifications of the nurse aides as outlined in § 44:74:02:02 Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:05, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 29 44:74:02:06. Nursing facility required to pay costs of training and competency
evaluation. A nursing facility shall pay all costs of nurse aide training and competency evaluation
or reimburse the nurse aide for the cost incurred in completing the program if the facility employs
the aide within twelve months following completion of the training program. Reimbursement may
be made during the first twelve months of employment by installments. A nursing facility is not
required to pay the cost of training and competency evaluation of a training program, conducted by
an online or non-nursing home based nurse aide training program, if the nurse aide leaves
employment or is terminated before completing the facility's probationary period of employment.
The nursing facility's probationary period for nurse aides shall be similar to other employees of the
nursing home. A nursing facility shall not seek restitution for those installments already paid to the
nurse aide prior to termination. The nurse aide shall not seek payment of training costs if costs have
already been paid by another facility where previously employed Transferred to § 44:73:06:15.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:06, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 30 44:74:02:07. Approval and reapproval of nurse aide training programs. The department
shall approve nurse aide training programs. To obtain approval, the entity providing the nurse aide
training program shall submit to the department an application on a form provided by the department
that contains information demonstrating compliance with requirements specified in this chapter. The
department shall respond within 90 days after receipt of the application. The department may grant
approval for a maximum of two years.
At the end of the approval period, the entity shall apply for reapproval. As part of the
reapproval process, the department shall conduct an unannounced on-site visit to determine
compliance with the requirements Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:07, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 31 44:74:02:08. Notice of change in approved training program. The entity offering an
approved nurse aide training program shall submit to the department, within 30 days after the change,
any substantive changes made to the program during the two-year approval period. The department
shall notify the entity of its approval within 90 days after receipt of the information Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:08, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 32 44:74:02:09. Denial or withdrawal of approval of training program. The department may
deny or withdraw approval of a nurse aide training program if one of the following conditions applies
to the nursing facility within the 24 months preceding the current survey:
(1) The facility has been found to be out of compliance with the provision of care
requirements in chapter 44:73:04 or the nursing service requirements in chapter 44:73:06;
(2) The facility has been issued a probationary license;
(3) The facility refuses to permit an unannounced visit by the department;
(4) The facility fails to maintain a 75 percent pass rate on the competency evaluation for the
two-year approval period;
(5) There is evidence that the facility has charged the nurse aide a fee for a portion of the
training or competency evaluation.
The department shall notify the entity in writing of the reason for withdrawal or denial of
approval. A nurse aide currently enrolled in a program whose approval is withdrawn may complete
the program with that entity Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:09, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 33 44:74:02:10. Qualifications of program coordinator. The program coordinator of a nurse
aide training program shall be a registered nurse. The program coordinator is responsible for the
general supervision of the program. General supervision means providing guidance for the program
and maintaining ultimate responsibility for the course. The program coordinator shall have a
minimum of two years of nursing experience, at least one year of which is in the provision of long-
term care services. The director of nursing of a facility may serve simultaneously as the program
coordinator but may not perform training while serving as the director of nursing Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:10, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 34 44:74:02:11. Qualifications of primary instructor. The primary instructor of a nurse aide
training program shall be a licensed nurse. The primary instructor is the actual teacher of course
material. The primary instructor shall have a minimum of two years of nursing experience, at least
one year of which is in the provision of long-term care services. The primary instructor shall have
completed a course of instruction in teaching adults or shall have experience in teaching adults within
the past five years Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:11, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 35 44:74:02:12. Qualifications of supplemental personnel. Supplemental personnel may assist
with the instruction of nurse aides. One year of experience in the individual's respective field of
practice is required Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:12, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 36 44:74:02:13. Supervision of students. A student in a nurse aide training program may not
perform any services unless they have been trained and found to be proficient by the instructor.
Students in a training program may perform services only under the supervision of a licensed nurse
Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:13, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 37 44:74:02:14. Physical facilities. Classrooms, conference rooms, laboratories, and equipment
shall be available in the number and size to accommodate the number of nurse aides enrolled in the
training program. Programs shall provide temperature control, lighting, and clean, safe conditions
for instruction Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:14, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 38 44:74:02:15. Nurse aide curriculum. The curriculum of the nurse aide training program
shall address the medical, psychosocial, physical, and environmental needs of the patients or
residents served by the nursing facility. Each unit of instruction shall include behaviorally stated
objectives with measurable performance criteria. The nurse aide training program shall consist of at
least 75 hours of classroom and clinical instruction, including the following:
(1) Sixteen hours of training in the following areas before the nurse aide has any direct contact
with a patient or resident:
(a) Communication and interpersonal skills;
(b) Infection control;
(c) Safety/emergency procedures, including the Heimlich maneuver;
(d) Promoting patients' and residents' independence;
(e) Respecting patients' and residents' rights; and
(f) Abuse, neglect, and misappropriation of resident property;
(2) Sixteen hours of supervised practical training, with enough instructors to ensure that
nursing care is provided with effective assistance and supervision. The ratio may not be less than
one instructor for each eight students in the clinical setting;
(3) Instruction in each of the following content areas:
(a) Basic nursing skills:
(i) Taking and recording vital signs;
(ii) Measuring and recording height and weight;
(iii) Caring for the patients' or residents' environment;
(iv) Recognizing abnormal changes in body functioning and the importance of
reporting such changes to a supervisor; and
(v) Caring for patients or residents when death is imminent;
(b) Personal care skills, including the following:
Last updated 6/1/26 39 (i) Bathing;
(ii) Grooming, including mouth care;
(iii) Dressing;
(iv) Toileting;
(v) Assisting with eating and hydration;
(vi) Feeding techniques;
(vii) Skin care; and
(viii) Transfers, positioning, and turning to include the use of mechanical lift or
movement devices;
(c) Mental health and social services:
(i) Modifying aides' behavior in response to patients' or residents' behavior;
(ii) Awareness of developmental tasks associated with the aging process;
(iii) How to respond to patients' or residents' behavior;
(iv) Allowing the patient or resident to make personal choices, providing and
reinforcing other behavior consistent with the patient's or resident's dignity; and
(v) Using the patient's or resident's family as a source of emotional support;
(d) Care of cognitively impaired patients or residents, including the following:
(i) Techniques for addressing the unique needs and behaviors of individuals with
dementia;
(ii) Communicating with cognitively impaired patients or residents;
(iii) Understanding the behavior of cognitively impaired patients or residents;
(iv) Appropriate responses to the behavior of cognitively impaired patients or
residents; and
(v) Methods of reducing the effects of cognitive impairments;
(e) Basic restorative nursing services, including the following:
Last updated 6/1/26 40 (i) Training the patient or resident in self-care according to the patient's or resident's
abilities;
(ii) Use of assistive devices in transferring, ambulation, eating, and dressing;
(iii) Maintenance of range of motion;
(iv) Proper turning and positioning in bed and chair;
(v) Bowel and bladder control care training; and
(vi) Care and use of prosthetic and orthotic devices;
(f) Residents' rights, including the following:
(i) Providing privacy and maintaining confidentiality;
(ii) Promoting the patients' or residents' right to make personal choices to
accommodate their needs;
(iii) Giving assistance in reporting grievances and disputes;
(iv) Providing needed assistance in getting to and participating in resident and family
groups and other activities;
(v) Maintaining care and security of patients' or residents' personal possessions;
(vi) Promoting the patient's or resident's right to be free from abuse, mistreatment, and
neglect and understanding the need to report any instances of such treatment to appropriate facility
staff;
(vii) Avoiding the need for restraints Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:15, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 41 44:74:02:16. Equivalency of education. An individual may meet the 75-hour training
requirement by equivalency of education. A facility shall make a request to the department in writing
for an equivalency determination, including proof of training with the request Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:16, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 42 44:74:02:17. Nurse aide competency evaluation program standards. A nurse aide
competency evaluation program shall meet the following standards:
(1) The nurse aide shall be informed by the facility that a record of successful completion of
the evaluation will be included in the registry;
(2) The evaluation shall consist of two elements:
(a) The competency evaluation component may be offered as either a written or oral
examination. This component of the evaluation shall:
(i) Include each curriculum requirement specified in § 44:74:02:15;
(ii) Be developed from a pool of test questions, with no more than 20 percent of prior
questions used on a succeeding examination;
(iii) Use a system that prevents disclosure of the content of the examination; and
(iv) If oral, be read from a prepared text in a neutral manner;
(b) The skills demonstration component shall consist of a minimum of five tasks randomly
selected from a pool of tasks generally performed by nurse aides. The pool of skills shall include all
of the personal care skills listed in subdivision 44:74:02:15(3)(b). The skills demonstration tasks
shall be performed on a live person Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:17, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 43 44:74:02:18. Competency evaluation program administration standards. The
competency evaluation may be administered by a facility. The entity that administers competency
evaluations shall meet the requirements of this section and shall have the approval of the department:
(1) The written or oral examination shall be administered by an individual with previous
group testing experience;
(2) The skills demonstration shall be administered by a registered nurse who has at least one
year's experience in providing care for the elderly or the chronically ill and who has taken a skills
demonstration rater training course;
(3) The skills demonstration shall be conducted in a facility or laboratory setting comparable
to the setting in which the nurse aide functions and shall accommodate the number of nurse aides
enrolled in the competency evaluation program Repealed.
Source: 21 SDR 118, effective January 2, 1995; 30 SDR 84, effective December 4, 2003;
transferred from § 44:04:18:18, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 44 44:74:02:19. Facility proctoring of examination. The written, oral, or skills demonstration
examination may be conducted in a facility and proctored by facility personnel if the facility obtains
department approval before giving the examinations. The facility shall ensure that the examination
is secure from tampering. Department approval may be withdrawn if there is evidence of tampering.
Scoring of the examination shall be done by the professional testing company under contract with
the department to administer the examination Repealed.
Source: 21 SDR 118, effective January 2, 1995; 30 SDR 84, effective December 4, 2003;
transferred from § 44:04:18:19, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 45 44:74:02:20. Notification to individual regarding successful or unsuccessful completion
of the competency evaluation program. The facility offering the examination shall advise in
advance any individual who takes a competency evaluation that a record of the successful
completion of the evaluation will be included in the registry. To be listed in the registry, a nurse aide
shall pass the written or oral portion and the skills demonstration portion of the competency
evaluation with a score of at least 75 percent. If the nurse aide does not achieve a score of 75 percent,
the facility shall advise the nurse aide of the areas failed. The nurse aide may have two additional
opportunities to complete evaluation successfully Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:20, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 46 44:74:02:21. Operation of nurse aide registry. The department is accountable for the
operation of the nurse aide registry and may designate an entity to maintain the registry. A nurse
aide is listed on the registry through application or by endorsement. The department shall provide a
copy of all information contained in the registry on an individual upon request. The public may
contact the department at South Dakota Department of Health, Office of Licensure and Certification,
615 East 4th Street, Pierre, South Dakota 57501, or by calling 605-773-3356, to obtain information
from the registry between the hours of 8:00 a.m. and 5:00 p.m. central time, Monday through Friday,
except for state and federal holidays Repealed.
Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000;
transferred from § 44:04:18:21, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 47 44:74:02:22. Registry status by application. A nurse aide seeking registry status shall
submit to the department an application, completed by the program coordinator or primary
instructor, documenting successful completion of an approved training program. The entity
responsible for scoring the nurse aide competency evaluation program shall submit documentation
of successful completion of the written or oral examination and the skills demonstration of the
competency evaluation to the department within 30 days after the administration of the evaluation
Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:22, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 48 44:74:02:23. Registry status by endorsement. A nurse aide seeking registry status by
endorsement from another state registry shall submit to the department the following information:
(1) A completed application;
(2) Written documentation indicating successful completion of another state's approved nurse
aide training and competency evaluation program;
(3) Verification of initial listing on the nurse aide registry in another state;
(4) Verification of listing on a nurse aide registry from the state of most recent employment;
and
(5) Documentation of employment as a nurse aide within the last 24 consecutive months
Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:23, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 49 44:74:02:24. Registry content. The registry contains the following information for each
nurse aide who has gained registry status:
(1) The full name of the nurse aide, including maiden name and any surnames used;
(2) The last known home address;
(3) The registration number;
(4) The date the registry status expires;
(5) The date of birth;
(6) The most recent employment;
(7) The date of successful completion of the examination and skills demonstration
components of the competency evaluation;
(8) The name and address of the professional testing service that scored the competency
evaluations taken by the nurse aide; and
(9) Any disciplinary proceedings against the nurse aide, including findings of abuse, neglect,
or misappropriation of patient or resident property as specified in § 44:74:02:30 Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:24, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 50 44:74:02:25. Renewal of certification. Certification expires two years from the date of initial
registration. To renew certification, the nurse aide shall submit to the department a verification of a
minimum of 12 hours of training per year as required in § 44:74:02:02(4) and a minimum of 12
hours of monetary compensation as a nurse aide during the preceding 24 months. An individual who
has not performed the training and the required nursing or nursing-related services for monetary
compensation during the preceding 24 consecutive months shall complete a new competency
evaluation program. The department may grant an exception to § 44:74:02:25 for a nurse aide called
to active military service. The nurse aide shall provide evidence of active duty, such as a copy of
duty orders. The exemption for renewal ceases six months after discharge from active military
service Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:25, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 51 44:74:02:26. Grounds for revocation, denial, or suspension of nurse aide certification.
The department may revoke, deny, or suspend a nurse aide's certification if the department
determines after a contested case hearing pursuant to SDCL chapter 1-26 that the nurse aide has
violated the meaning of abuse, neglect, or misappropriation of resident property as those terms are
defined in § 44:74:01:01. The department may also revoke, deny, or suspend a nurse aide's
certification if the nurse aide waives his or her right to a case hearing in accordance with
§ 44:74:02:29. Certification may be suspended by the department during the investigation of an
allegation of abuse, neglect, or misappropriation of resident property by a nurse aide following due
process as outlined in § 44:74:02:29. The department may revoke, deny, or suspend a nurse aide's
certification, following due process as outlined in § 44:74:02:29, if the department determines the
nurse aide's certification has been revoked, suspended, or denied in another state Repealed.
Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000;
transferred from § 44:04:18:26, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 52 44:74:02:27. Mandatory reporting of allegations. A facility licensed by the department
shall notify the department in writing, within 48 hours, of any alleged misconduct by a nurse aide
related to abuse or neglect of an individual or to misappropriation of a patient's or resident's property
Repealed.
Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:27, 42 SDR 51,
effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 53 44:74:02:28. Investigation of allegations. After an allegation of abuse, neglect, or
misappropriation of resident property, the facility shall take steps to prevent further incidents of
abuse, neglect, or misappropriation of resident property from occurring, investigate allegations
thoroughly, and take any corrective action necessary. The facility shall report its findings to the
department within five working days. The department, or another agency of state government, may
conduct its own investigation in addition to the facility's investigation Repealed.
Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000; 27
SDR 59, effective December 17, 2000; transferred from § 44:04:18:28, 42 SDR 51, effective October
13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 54 44:74:02:29. Notice and hearing process. The department shall follow the contested case
procedure found in SDCL chapter 1-26 if a hearing is conducted:
(1) To determine if a nurse aide has engaged in abuse, neglect, or misappropriation of resident
property of an individual; or
(2) When the department denies a petition to remove a finding of neglect from the registry.
If the department has determined abuse, neglect, or misappropriation of resident property of
an individual has occurred, a notice of the right to a hearing will be sent to the nurse aide. The notice
shall state the aide has 30 days from receipt of the notice to respond. The notice shall include a
waiver of hearing. Failure to return the waiver or failure to request a hearing within 30 days waives
the right to a hearing Repealed.
Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000; 29
SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; transferred from
§ 44:04:18:29, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 55 44:74:02:30. Documentation of substantiated allegations on registry. If, after a hearing on
the matter, the nurse aide is found to have committed abuse, neglect, or misappropriation of resident
property of an individual, the department shall update the registry with documentation within 10
days from the date of the ruling. If a waiver of hearing is received, the department shall update the
nurse aide's registry status. The documentation remains on the registry permanently and includes the
following:
(1) A summary of the allegation;
(2) A summary of the department's investigative report;
(3) The statement by the nurse aide, if one is provided;
(4) The department's decision;
(5) The waiver of the hearing, if any; and
(6) A date of the hearing, findings of fact, and conclusions of law, and the outcome, if a
hearing is held Repealed.
Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000; 30
SDR 84, effective December 4, 2003; transferred from § 44:04:18:30, 42 SDR 51, effective October
13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.
Last updated 6/1/26 56 44:74:02:31. Procedure to remove of a finding of neglect from registry. A certified nurse
aide may petition for a removal of a finding of neglect after one year beginning on the date on which
the finding was placed on the certified nurse aide registry.
If the department determines the employment and personal history of the certified nurse aide
does not reflect a pattern of abusive behavior or neglect and the neglect in the original finding was
a singular occurrence, the department may remove the finding from the registry.
The department may deny the petition if the employment and personal history of the certified
nurse aide reflects a pattern of abusive behavior or neglect and the neglect involved in the original
finding was not a singular occurrence. The department shall follow the procedure as provided in
§ 44:74:02:29 Repealed.
Source: 29 SDR 81, effective December 11, 2002; transferred from § 44:04:18:31, 42 SDR
51, effective October 13, 2015.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.