S.D. Admin. R. 20:49:15:02

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:49:15:02 - Unprofessional conduct

Unprofessional conduct includes but is not limited to the following:

(1) Failure to exercise technical competence in carrying out nursing facility administration;

(2) Failure to follow or enforce policies or procedures necessary to assure patient or resident welfare and safety;

(3) Failure to safeguard the patient's or resident's dignity and right to privacy;

(4) Violating the confidentiality of information or knowledge concerning the patient or resident;

(5) Mental, verbal, or physical abuse of a patient or resident;

(6) Using alcohol or other drugs to the extent that there is significant interference with job performance;

(7) Misuse of drug supplies, narcotics, or a patient's or resident's records;

(8) Falsifying a patient's or resident's records or intentionally charting incorrectly;

(9) Appropriating medications, supplies, or personal items of the patient or resident or agency;

(10) Forging a prescription or making a drug available to self, friends, or family members;

(11) Falsifying records submitted to the board, to the state department of health, or to any other government agency;

(12) Delegating nursing facility administrator care, functions, tasks, or responsibilities to others contrary to SDCL chapter 36-28 or to the detriment of patient or resident safety;

(13) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed professional;

(14) Leaving a nursing facility administrator assignment or post without notifying a substitute;

(15) Assisting any other person to violate or circumvent any provision of SDCL chapter 36-28 or this article;

(16) Permitting an unlicensed person to use a nursing facility administrator license or permit for any purpose; and

(17) Having a license or certificate in a related health care discipline in the state of South Dakota or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as defined in items 1 to 16, inclusive, of this rule.

S.D. Admin. R. 20:49:15:02

8 SDR 24, effective 9/16/1981; 12 SDR 151, 12 SDR 155, effective 7/1/1986; SL 2014, ch 186; 50 SDR 071, effective 12/18/2023

General Authority: SDCL 36-28-9.

Law Implemented: SDCL 36-28-9.