S.D. Admin. R. 20:48:08:08
S.D. Admin. R. 20:48:08:08
The Department of Health adopted guidelines for universal precautions and required health care workers to comply with them effective January 26, 1995.)South Dakota Board of Nursing Declaratory Ruling 94-4.
General Authority: SDCL 36-9-21.
Law Implemented: SDCL 36-9-49.
Declaratory Ruling: If a licensee of the Board of Nursing who is reported under ARSD 44:20:02:08 to have a communicable disease, such as HIV or hepatitis B, fails to follow universal precautions as set forth by the Centers for Disease Control and Prevention (CDC) and adopted by the South Dakota Department of Health, the Board of Nursing could discipline the licensee under SDCL 36-9-49(5) upon proof that the licensee has negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of persons entrusted to the nurse's care or under SDCL 36-9-49(10) upon proof that the licensee has been guilty of gross incompetence or unprofessional or dishonorable conduct. The board must investigate and decide each case individually and judge the case on its facts and circumstances. Violation of the guidelines would be evidence of a possible violation of the statutes cited but would not create an irrebuttable presumption of the violation or cause automatic disciplinary action. Testimony would have to establish whether a violation of SDCL 36-9-49(5) or (10) occurred because of the violation of the guidelines, and the licensee could raise defenses on mitigating evidence.