67 : 62 : 02 : 09 . Reasons for placing a center on probation. The department may place a center on probation if:
- (1) The center is in compliance with less than seventy percent of the requirements of this article and SDCL title 27A;
- (2) The center failed to complete the plan of correction to address the areas of noncompliance noted by the department in the accreditation report;
- (3) The center has serious infractions of this article that affect the overall continuity of care or safety of clients;
- (4) The center falsified information provided to the department for accreditation or funding purposes;
- (5) The center participated in, condoned, or permitted illegal acts;
- (6) The center participated in, condoned, or permitted fraud, deceit, or coercion;
- (7) The department determined the center fails to comply with licensing and other standards that are required by federal or state laws, rules, or regulations; state and federal confidentiality laws; or this article, and the noncompliance results in practices that are detrimental to the welfare of a client; or
- (8) The center refused to allow the department access for a comprehensive survey, a complaint review, or any necessary follow-up review.
Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .
General Authority: SDCL 27A-5-1 .
Law Implemented: SDCL 27A-3-1 , 27A-5-1 .
Prior versions effective: 2016-12-05.