South Dakota § 34-12-39.2 - New nursing facilities--Limitations--Requirements.
Full text of South Dakota South Dakota Codified Laws § 34-12-39.2 — New nursing facilities--Limitations--Requirements., with citation guidance and answers to common questions.
§ 34-12-39.2. New nursing facilities--Limitations--Requirements.
No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to:
(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;
(2) Comply with state licensure standards;
(3) Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;
(4) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;
(5) Improve physical conditions which are related to operational or functional deficiencies; or
(6) Consolidate, merge, or join another health care or long-term service provider.
The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.
Source: SL 2005, ch 180, § 2; SL 2019, ch 143, § 2; SL 2020, ch 141, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-12-39.2
What does South Dakota Codified Laws § 34-12-39.2 cover?
Section 34-12-39.2 ("New nursing facilities--Limitations--Requirements.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34-12-39.2?
A common citation format is "South Dakota Codified Laws § 34-12-39.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34-12-39.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.