ARSD 44:74:02:09. Denial or withdrawal of approval of training program

The department may deny or withdraw approval of a nurse aide training program if one of the following conditions applies to the nursing facility within the 24 months preceding the current survey: (1) The facility has been found to be out of compliance with the provision of care requirements in chapter 44:73:04 or the nursing service requirements in chapter 44:73:06; (2) The facility has been issued a probationary license; (3) The facility refuses to permit an unannounced visit by the department; (4) The facility fails to maintain a 75 percent pass rate on the competency evaluation for the two-year approval period; (5) There is evidence that the facility has charged the nurse aide a fee for a portion of the training or competency evaluation. The department shall notify the entity in writing of the reason for withdrawal or denial of approval. A nurse aide currently enrolled in a program whose approval is withdrawn may complete the program with that entity.