Filing A Complaint About A Nursing Home Administrator

Complaints or concerns about a nursing home administrator can be filed with the Board. Complaints must be in writing. Note that the Board’s jurisdiction applies only to the licensed administrator and not the general operation of the nursing care facility. For assistance in addressing concerns or complaints about nursing homes or their care we suggest starting with the Ombudsman’s office at the Department of Social Services, 605-773-3656.

The following are the administrative rules governing the complaint process:

ARSD 20:49:10:08. Procedures in contested cases. To initiate proceedings to reprimand a nursing facility administrator or to revoke, suspend, deny, or deny renewal of the license or permit of any nursing facility administrator in South Dakota, a member of the board or any other interested person may file with the board a complaint stating the facts of the complaint and the action requested or the board may initiate proceedings by resolution. On the filing of any complaint, the board shall fix a date for hearing and give notice of the hearing. Written notice of the final determination of the board on the complaint shall be given to interested persons, and the date of the notice begins the time within which an appeal of the determination may be taken.

ARSD 20:49:10:09. Procedures in board hearings. A record of the hearing in a contested case shall be taken by court reporter or recording equipment. If a transcript is requested, the board may require the person requesting it to pay the reasonable cost of preparing the transcript.

ARSD 20:49:15:01. Grounds for revocation, suspension, or nonrenewal. The license or emergency permit of a nursing facility administrator may be revoked, suspended, or not renewed by the board for cause upon any of the following grounds:

  1. The licensee failed to complete continuing education requirements;
  2. The licensee or permittee is guilty of fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties as a nursing home administrator, or in obtaining renewal of a license;
  3. The licensee or permittee has been convicted of a felony. The conviction of a felony is the conviction of any offense which would be a felony under the laws of South Dakota if it was committed in the state;
  4. The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any of the drugs or controlled substances set forth in SDCL 34-20B to such an extent that the licensee or permittee cannot perform the duties;
  5. The physical or mental condition of the licensee or permittee is determined by a competent examiner to jeopardize those who seek the professional services of the licensee or permittee. A majority of the board may demand an examination of the licensee or permittee. If the licensee or permittee fails to submit to the examination, it is immediate grounds for suspension of the license or permit;
  6. The licensee or permittee is guilty of unprofessional conduct; and
  7. The licensee or permittee has violated any provision of SDCL 36-28 or this article.

ARSD 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 patients or residents;
  6. Using alcohol or other drugs to the extent that there is significant interference with job performance;
  7. Misuse of drug supplies, narcotics, or patients' or residents' records;
  8. Falsifying patients' or residents' records or intentionally charting incorrectly;
  9. Appropriating medications, supplies, or personal items of the patient or resident or agency;
  10. Forging prescriptions or making drugs 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 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 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.