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following due process as outlined in § 44:74:02:29, if the department determines the nurse aide's certification has been revoked, suspended, or denied in another state.

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.