When determining if a violation is a serious violation, the department shall consider:
- (1) The nature and gravity of the violation;
- (2) The willfulness and deliberateness of the violation;
- (3) The actual or potential harm to patient health or safety or an establishment agent;
- (4) Any prior violations by an establishment;
- (5) The duration of the violation;
- (6) The number and nature of current violations;
- (7) The likelihood of reoccurrence of the violation; and
- (8) Any other factor associated with the violation that adversely impacts patient health or safety.
Source: 52 SDR 10, effective August 4, 2025 .
General Authority: SDCL 34-20G-72 (4)(6).
Law Implemented: SDCL 34-20G-72 (4), 34-20G-80 (2), 34-20G-84 .