Any applicant desiring a license or a license renewal shall file with the State Department of Health an application verified under oath and in a form prescribed by the department. The application shall contain the following:

(1) The name and address of the applicant and operator;

Terms Used In South Dakota Codified Laws 34-12-5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

(2) If a firm or corporation, the names and addresses of the principal officers; or if a corporate body, the name of the state under whose laws the corporation is organized;

(3) A description of the facility to include the address and whether the facility is owned, leased, or subleased. A true copy of the lease or sublease shall be attached to the application;

(4) A certification of consent to allow inspections of the health care facility by authorized department inspectors upon presentation of identification during the hours of operation;

(5) Satisfactory evidence of the applicant’s ability to comply with the minimum standards of this chapter; and

(6) Any other information which the secretary of the Department of Health considers necessary.

The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true and complete and in accordance with the provisions in this chapter and the rules promulgated thereunder. The department may refuse to issue a license upon any of the grounds stated in § 34-12-19. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26.

Source: SL 1945, ch 108, § 3; SL 1953, ch 123, § 3; SDC Supp 1960, § 27.1203; SL 1972, ch 15, § 4; SL 1986, ch 278, § 4.

  Previous section
Next section  
 Chapter 12 Contents