reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:10 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Private water supplies shall have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the hospice, including fire fighting requirements.
				  The hot water system shall be capable of supplying the work and resident areas
				  with water at the required temperatures. Maximum hot water temperatures at
				  plumbing fixtures used by residents may not exceed 125 degrees Fahrenheit (52
				  degrees centigrade). The minimum temperature of hot water for resident use
				  shall be at least 100 degrees Fahrenheit (38 degrees centigrade).
Each water supply system shall maintain one part per million
				  free residual chlorine at remote point-of-use fixtures in the facility or may
				  use another bacteriological control method such as increasing water temperature
				  range from 122 degrees to 125 degrees Fahrenheit (50-52 degrees centigrade),
				  that has been demonstrated to be equivalent in control of
Legionella
. The facility shall document water temperatures to
				  verify the hot water temperature is being maintained within the acceptable
				  range. The chlorine testing shall be done daily using photocell and light
				  source DPD (N, N, Diethyl-p-phenylenediamine) test kits, and the test results
				  logged. If testing demonstrates that consistent chlorine levels are maintained,
				  the frequency of testing may be reduced to a level necessary to demonstrate
				  compliance.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Standards adopted for plumbing -- Conformity to National
					 Code, SDCL
					 36-25-15; Scope and objectives of
					 plumbing standards and rules, SDCL
					 36-25-15.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:11 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided
				  in all soiled areas, wet areas, toilet rooms, and storage rooms. Clean storage
				  rooms may also be ventilated by supplying and returning air from the building's
				  air-handling system.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:12 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Spaces occupied by people, machinery, and equipment within
				  buildings and their approaches and parking lots shall have artificial lighting
				  at a level for general safety. Each resident bedroom shall have general
				  lighting and night lighting. Each required exit shall be equipped with
				  continuous emergency lighting.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:13 - Refuse and waste disposal

Current through Register Vol. 51, page 10, July 15, 2024
Garbage, refuse, and waste shall be handled and disposed of
				  in a safe and sanitary manner. Final disposal of all refuse and waste shall
				  comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a
				  frequency to contain or prevent odors, insects, and vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:14 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall take safe and effective measures to
				  protect against the entrance into the facility and the breeding or presence on
				  the premises of rodents, flies, roaches, and other vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:15 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the residents admitted to the facility. The
				  hospice shall take at least the following precautions:
(1) Develop and implement a written and
				scheduled preventive maintenance program;
(2) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				residents;
(3) Provide a call
				system for each resident bed and in all toilet rooms and bathing facilities
				routinely used by residents. The call system shall be capable of being easily
				activated by the resident and shall register at a staff station, work area, or
				to a advice carried by care staff. A wireless call system may be used;
(4) Ground fault circuit
				interrupters shall be provided in wet areas and for outlets within six feet of
				sinks;
(5) A portable space heater,
				portable halogen lamp, household-type electric blanket, or household-type
				heating pad may not be used in a facility;
(6) Any light fixture located over a resident
				bed, in any bathing or treatment area, in a clean supply storage room, in any
				laundry clean linen storage area, or in any medication set-up area shall be
				equipped with a lens cover or a shatterproof lamp;
(7) Any clothes dryer shall have a galvanized
				metal vent pipe for exhaust; and
(8) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $66.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:16 - Area requirements for currently licensed resident rooms

Current through Register Vol. 51, page 10, July 15, 2024
Each currently licensed resident room shall have at least
				  120 square feet (8.83 square meters) of floor space per bed, exclusive of
				  closets and wardrobes. Each resident shall have for individual use in the
				  assigned room a bed, a bedside stand, and a chair appropriate to the needs and
				  comfort of the resident. Each hospice shall have 10 square feet (0.93 square
				  meters) of general storage for each bed. A total of 40 square feet (3.72 square
				  meters) of dining and lounge area for each resident shall be provided in a
				  facility. Each hospice shall be constructed, equipped, and operated to maintain
				  the comfort, privacy and dignity of all residents.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
Area requirements for new construction or renovations,
					 §
											44:80:10:08(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:17 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of a facility shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care. Facilities shall be served by good, passable roads. Easy accessibility
				  for employees, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:18 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The temperature in any occupied space in the facility shall
				  be maintained between 68 and 80 degrees Fahrenheit during waking hours and not
				  lower than 64 degrees Fahrenheit during sleeping hours. Individual residents
				  space may be maintained outside the required range when desired by the
				  occupant.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:19 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A facility may be directed to remove or correct other
				  hazardous conditions not covered in this chapter if the department considers
				  the conditions to have a potential to cause injury or illness to the residents
				  or staff.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall meet applicable fire safety standards in
NFPA 101 Life Safety Code,
2000 edition.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $ 93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid undue danger to the lives and safety of its
				  occupants from fire, smoke, fumes, or resulting panic during the period of time
				  reasonably necessary for escape from the structure in case of fire or other
				  emergency. The fire alarm system shall be sounded each month. At least two
				  staff members shall be on duty at all times unless approved for a staffing
				  exception. In a multilevel hospice, at least one staff member shall be on duty
				  on each floor containing occupied beds.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Fire safety code requirements, §
											44:80:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:03 - Staffing exception

Current through Register Vol. 51, page 10, July 15, 2024
A staffing exception may be approved for residential hospice
				  facilities if the following are met:
(1) The bed capacity is six beds or
				less;
(2) The building is equipped
				with an automatic sprinkler system as defined in § 9.7, Automatic
				Sprinklers and Other Extinguishing Equipment, of NFPA 101 Life Safety Code,
				2012 edition.
(3) The building is
				equipped with an automatic fire alarm dialer as defined in § 9.6.4
				Emergency Forces Notification, of NFPA 101 Life Safety Code, 2012 edition to
				summon the local fire department; and
(4) The building is equipped with a staff
				call system.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:04 - Fire extinguisher equipment

Current through Register Vol. 51, page 10, July 15, 2024
Fire extinguisher equipment shall be installed and
				  maintained by the following minimum standards:
(1) Portable fire extinguishers shall have a
				minimum rating of 2-A:10-B:C;
(2)
				Fire extinguisher equipment shall be inspected monthly and maintained yearly;
				and
(3) Approved fire extinguisher
				cabinets shall be provided throughout the building with one cabinet for each
				3,000 square feet (278.7 square meters) of floor space or fraction thereof. The
				fire resistance rating of corridor walls shall be maintained at recessed fire
				extinguisher cabinets. The glazing in doors of fire extinguisher cabinets shall
				be safety glazing material. Fire extinguisher cabinets shall be identified with
				a sign mounted perpendicular to the wall surface above the cabinet or with sign
				mounted on the sides of cabinet that are visible from the corridor.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:05 - Fire alarm systems

Current through Register Vol. 51, page 10, July 15, 2024
A manually operated, electrically supervised fire alarm
				  system shall be installed in each facility.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:03 - Fire protection › Section 44:80:03:06 - Detached structures

Current through Register Vol. 51, page 10, July 15, 2024
A detached structure or auxiliary building used for
				  combustible storage or vehicle parking built adjacent to, but not directly
				  attached to, a hospice shall either be separated from the facility by a minimum
				  distance of 20 feet, equipped with an automatic sprinkler protection, or
				  provided with two-hour fire rated separation.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:01 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each facility operated by limited liability partnership, a
				  corporation, or political subdivision shall have an organized governing body
				  legally responsible for the overall conduct of the facility. If the facility is
				  operated by an individual or partnership, the individual or partnership shall
				  carry out the functions in this chapter pertaining to the governing body. The
				  governing body shall establish and maintain administration policies,
				  procedures, or bylaws governing the operation of the
				  facility.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:02 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate a qualified administrator
				  to represent the owner or governing body and to be responsible for the daily
				  overall management of the facility. The administrator shall designate a
				  qualified person to represent the administrator during the administrator's
				  absence. The governing body shall notify the department in writing of any
				  change of administrator.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:03 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a sufficient number of qualified
				  personnel to provide effective and safe care. Staff members on duty shall be
				  awake at all times. Any supervisor shall be 18 years of age or older. Written
				  job descriptions and personnel policies and procedures shall be made available
				  to personnel. The hospice may not knowingly employ any person with a conviction
				  for abusing another person. The hospice shall establish and follow policies
				  regarding special duty or staff members on contract.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:04 - Personnel training

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a formal orientation program and an
				  ongoing education program for all personnel. Ongoing education programs shall
				  cover the required subjects annually. These programs shall include the
				  following subjects:
(1) Fire
				prevention and response. The hospice shall conduct fire drills quarterly for
				each shift to train all staff. Silent or code announcement drills may be
				conducted;
(2) Emergency procedures
				and preparedness;
(3) Infection
				control and prevention;
(4)
				Accident prevention and safety procedures;
(5) Proper use of restraints;
(6) Resident rights;
(7) Hospice philosophy and death &
				dying;
(8) Confidentiality of
				resident information;
(8) Incidents
				and diseases subject to mandatory reporting and the hospice's reporting
				mechanisms;
(9) Care of residents
				with special and unique needs; and
(10) Dining assistance, nutritional risks,
				and hydration needs of residents.
Any personnel whom the hospice determines will have no
				  contact with residents are exempt from training required by subdivisions (5),
				  (7), (9), and (10) of this section.
Additional personnel education shall be based on hospice
				  identified needs.
Current professional and technical reference books and
				  periodicals shall be made available for personnel.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:05 - Employee health program

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an employee health program for the
				  protection of the residents. All personnel shall be evaluated by a licensed
				  health professional for freedom from reportable communicable disease which
				  poses a threat to others before assignment to duties or within 14 days after
				  employment including an assessment of previous vaccinations and tuberculin skin
				  tests. The hospice may not allow anyone with a communicable disease, during the
				  period of communicability, to work in a capacity that would allow spread of the
				  disease. Any personnel absent from duty because of a reportable communicable
				  disease which may endanger the health of residents and fellow employees may not
				  return to duty until the person is determined by a physician, physicians
				  designee, physician assistant, nurse practitioner, or clinical nurse specialist
				  to no longer have the disease in a communicable stage.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Reportable diseases and conditions, ch
					 44:20:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:06 - Tuberculin screening requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall develop criteria to screen healthcare
				  workers for
Mycobacterium
tuberculosis (TB) based on the
				  guidelines issued by Centers for Disease Control and Prevention. Each facility
				  shall establish policies and procedures for conducting
Mycobacterium
tuberculosis risk assessment that include the
				  key components of responsibility, surveillance, containment, and education. The
				  frequency of repeat screening shall depend upon annual risk assessments
				  conducted by the facility.
Tuberculin screening requirements for healthcare workers are
				  as follows:
(1) Each new healthcare
				worker shall receive the two-step method of tuberculin skin test or a TB blood
				assay test to establish a baseline within 14 days of employment. Any two
				documented tuberculin skin tests completed within a 12 month period prior to
				the date of employment can be considered a two-step or one blood assay TB test
				completed within a 12 month period prior to the date of employment can be
				considered an adequate baseline test. Skin testing or TB blood assay tests are
				not necessary if a new employee transfers from one licensed healthcare facility
				to another licensed healthcare facility within the state if the facility
				received documentation of the last skin testing completed within the prior 12
				months. Skin testing or TB blood assay tests are not necessary if documentation
				is provided of a previous positive reaction to either test. Any new healthcare
				worker who has a newly recognized positive reaction to the skin test or TB
				blood assay test shall have a medical evaluation and a chest X-ray to determine
				the presence or absence of the active disease;
(2) A new healthcare worker who provides
				documentation of a positive reaction to the tuberculin skin test or TB blood
				assay test shall have a medical evaluation and chest X-ray to determine the
				presence or absence of the active disease; and
(3) Each healthcare worker with a history of
				a positive reaction to the tuberculin skin test or blood assay shall be
				evaluated annually by a physician, physician assistant, nurse practitioner,
				clinical nurse specialist, or a nurse and a record maintained of the presence
				or absence of symptoms of
Mycobacterium
tuberculosis. If this
				evaluation results in suspicion of active tuberculosis, the person shall be
				referred for further medical evaluation to confirm the presence or absence of
				tuberculosis.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14),
					 34-22-9.
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Guidelines for Preventing the Transmission of
					 Mycobacterium Tuberculosis in Health-Care Facilities, 2005
. "Centers for
					 Disease Control and Prevention Morbidity and Mortality Weekly Report," December
					 30, 2005 (RR17).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:07 - Admissions of residents

Current through Register Vol. 51, page 10, July 15, 2024
The governing body of the facility shall establish and
				  maintain policies, with written evidence to assure the residents admitted to
				  and retained in the hospice are within the licensure classification of the
				  facility. Only residents that can receive hospice care safely and effectively
				  may reside in the facility.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:08 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
All hospice care and services provided by facility staff
				  shall be under the direction of the Medicare certified hospice agency. Each
				  facility shall establish and maintain policies, procedures, and practices that
				  follow accepted standards of professional practice to govern care, and related
				  medical or other services necessary to meet the residents needs. Each facility
				  shall establish and maintain policies and procedures for the management of
				  respite care residents if the facility offers those services.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:09 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have policies and procedures for
				  discharge planning that is coordinated with the Medicare certified hospice
				  agency.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:04 - Management and administration › Section 44:80:04:10 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall provide for on-going evaluation of the
				  quality of services provided to residents and families.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:05 - Care and services › Section 44:80:05:01 - Admissions

Current through Register Vol. 51, page 10, July 15, 2024
Each resident admitted to a facility shall be terminally ill
				  and shall be a patient of a Medicare certified hospice agency.
The facility or the Medicare certified hospice agency may not
				  delegate a task when the delegation is prohibited under state law or by the
				  facilitys own policies.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:05 - Care and services › Section 44:80:05:02 - Organized service

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide services with a written
				  organizational plan that delineates its custodial care.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:05 - Care and services › Section 44:80:05:03 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish and maintain policies and
				  procedures that provide the staff with methods of meeting its administrative
				  and technical responsibilities in providing custodial care to residents. The
				  policies shall include at least the following:
(1) The noting of care and services provided
				by facility staff may be part of the in the Medicare certified hospice agency
				records;
(2) Providing custodial
				care for residents under the direction and as delegated by the Medicare
				certified hospice agency;
(3)
				Administration and control of medications;
(4) Documentation by personnel;
(5) Infection control; and
(6) Resident safety.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:05 - Care and services › Section 44:80:05:04 - Custodial care services

Current through Register Vol. 51, page 10, July 15, 2024
Each residential hospice shall offer custodial care and
				  services to terminally ill individuals and supporting services that are
				  arranged with and directed by a Medicare certified hospice agency. An
				  unlicensed employee of a facility may not accept any delegated skilled tasks
				  from any individual pursuant to SDCL chapter 36-9.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:05 - Care and services › Section 44:80:05:05 - Staffing for hospice facilities

Current through Register Vol. 51, page 10, July 15, 2024
All residential hospice facilities shall maintain a
				  sufficient number of personnel, directly or by contract, to provide custodial
				  care and services offered to all residents. Written staffing patterns shall be
				  developed including instructions for contacting support service personnel. All
				  hospice staff shall have been specifically trained to provide care for the
				  terminally ill.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:01 - Dietetic services

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an organized dietetic service that
				  meets the nutritional needs of residents and ensures that food is stored,
				  prepared, distributed, and served in a manner that is safe, wholesome, and
				  sanitary in accordance with the provisions of §
									44:80:02:06.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:02 - Food substitutions

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall offer reasonable substitutions of equal
				  nutritional value to patients who refuse or are unable to eat the food
				  served.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:03 - Written dietetic policies

Current through Register Vol. 51, page 10, July 15, 2024
There shall be written policies and procedures that govern
				  all dietetic activities. Policies shall include food handling procedures,
				  length of duration for leftovers, and opened packages of commercially prepared
				  food in accordance with chapter 44:02:07, the Food Service Code. The policies
				  and procedures shall be reviewed yearly and revised as
				  necessary.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
Article 44:02, Lodging and Food Service
,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for $3.30 and
Food Code
, U.S.
					 Public Health Service, FDA, 1999, and may be obtained from U.S. Department of
					 Commerce Technology Administration National Technical Information Service, 5285
					 Port Royal Road, Springfield, Virginia 22161, 1-800-553 -6847 for
					 $69.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:04 - Preparation of food

Current through Register Vol. 51, page 10, July 15, 2024
Food shall be wholesome and prepared by methods that
				  conserve nutritive value, flavor, and appearance and shall be attractively
				  served at the temperature applicable to the particular food in a form to meet
				  the individual resident's needs.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:05 - Dietetic services

Current through Register Vol. 51, page 10, July 15, 2024
A person who is responsible to the administrator shall
				  direct the dietetic services. At least one person shall successfully complete
				  and possess a current certificate from a ServSafe Food Protection Program
				  offered by various retailers or the Certified Food Protection Professional's
				  Sanitation Course offered by the Dietary Managers Association, or successfully
				  completed equivalent training as determined by the department. Individuals
				  seeking ServSafe recertification are only required to take the national
				  examination. The person shall monitor the dietetic service to ensure that the
				  nutritional and therapeutic dietary needs for each resident are met. A
				  dietitian, nutritionist, or registered nurse shall approve each menu, assess
				  the nutritional status of each resident with problems identified in the
				  assessment, and review and revise dietetic policies and procedures during
				  scheduled visits.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:06 - Nutritional assessments

Current through Register Vol. 51, page 10, July 15, 2024
A dietitian, nutritionist, or registered nurse shall ensure
				  a nutritional assessment is completed on each new resident upon admission; any
				  resident having a significant change in diet, eating ability, or nutritional
				  status.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:07 - Required dietary in-service training

Current through Register Vol. 51, page 10, July 15, 2024
A dietitian, nutritionist, or registered nurse shall provide
				  ongoing in-service training for all dietary and food-handling employees. Topics
				  shall include: food safety, handwashing, food handling and preparation
				  techniques, food-borne illnesses, serving and distribution procedures, leftover
				  food handling policies, time and temperature controls for food preparation and
				  service, nutrition and hydration, and sanitation
				  requirements.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:06 - Dietetic services › Section 44:80:06:08 - Nutrition and hydration assistance program

Current through Register Vol. 51, page 10, July 15, 2024
A facility may develop a program to train nutrition and
				  hydration assistants.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:01 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish and practice methods and
				  procedures for medication control that include the following:
(1) A requirement that each resident's
				Medicare certified hospice agency provide instructions for the administration
				of medication, the recording of medication administration by facility staff,
				medications or drugs kept on the person or in the room of the resident; and
				release of medications;
(2)
				Provisions for proper storage of prescribed medications so that the medications
				are inaccessible to residents or visitors with requirements for:
(a) Separate storage of poisons, topical
				medications, and oral medications; and
(b) A medication prescribed for one resident
				not to be administered to any other resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:02 - Orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All orders for medications or drugs administered to
				  residents shall be the responsibility of residents Medicare certified hospice
				  agency.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:03 - Storage and labeling of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
All drugs or medications shall be stored in a well
				  illuminated, locked storage area that is well ventilated, maintained at a
				  temperature appropriate for drug storage, and inaccessible to residents or
				  visitors at all times. Medications suitable for storage at room temperature
				  shall be maintained between 59 and 86 degrees Fahrenheit (15 and 30 degrees
				  centigrade). Medications that require refrigeration shall be maintained between
				  36 and 46 degrees Fahrenheit (two and eight degrees centigrade). Poisons and
				  medications prescribed for external use shall be stored separately from
				  internal medications, locked and made inaccessible to residents.
The medications or drugs of each resident for whom
				  medications are administered shall be stored in the containers in which they
				  were originally received and may not be transferred to another container unless
				  otherwise allowed by this section. A nurse may move mediations into a
				  medication reminder box or similar device. Special modification of this
				  requirement may be made if single dose packaging is used. The facility that
				  administers and stores medications shall ensure each prescription drug
				  container, including manufacturer's complimentary samples, shall be labeled
				  with the residents name, physician, physician assistant, or nurse practitioners
				  name, drug name and strength, directions for use, and prescription date.
Containers with contents that will not be used within 30 days
				  of issue or with contents that expire in less than 30 days of issue shall bear
				  an expiration date. If a single dose system is used, the drug name and
				  strength, expiration date, and a control number shall be on the unit dose
				  packet.
A facility may not procure or stock, including in bulk form
				  any legend or nonlegend medications.
Any container with a worn, illegible, or missing label shall
				  be destroyed. Licensed pharmacists are responsible for the labeling,
				  relabeling, or altering of labels on medication containers.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:04 - Control and accountability of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Medications brought from home may be used once approved by
				  the Medicare certified hospice agency and ordered by the residents attending
				  physician and, if prior to administration, is identified as the prescribed
				  drug. Medications prescribed for one resident may not be administered to
				  another. Residents may not keep medications on their person or in their room
				  without approval from the residents Medicare certified hospice agency allowing
				  self-administration. Written authorization by the residents physician shall be
				  secured for the release of any medication to a resident upon discharge,
				  transfer, or temporary leave from the facility. The release of medication shall
				  be documented in the residents medical or care record provided by the Medicare
				  certified hospice agency, indicating quantity, drug name, and strength. The
				  facility shall maintain records provided by the Medicare certified hospice
				  agency that account for all medications and drugs from their receipt through
				  administration or destruction.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:05 - Documentation of drug disposal

Current through Register Vol. 51, page 10, July 15, 2024
Legend drugs not controlled under SDCL chapter 34-20 B shall
				  be destroyed or disposed of by the Medicare certified hospice agency nurse and
				  another witness. Destruction or disposal of medications controlled under SDCL
				  chapter 34-20 B shall be witnessed by two persons, both of whom are a nurse or
				  pharmacist, as designated by facility policy. Methods of destruction or
				  disposal may include:
(1) Disposal by
				using a professional waste hauler to take the medications to a permitted
				medical waste facility or by facility disposal at a permitted municipal solid
				waste landfill. Prior to disposal all medications shall be removed from
				original containers and made unpalatable by the addition of adulterants and
				alteration of solid dosage forms by dissolving or combination into a solid
				mass;
(2) Return to the dispensing
				pharmacy for destruction or dispose according to federal and state
				regulations;
(3) Return to an
				authorized reverse distributor company licensed by the South Dakota Board of
				Pharmacy; or
(4) Release to
				resident upon discharge after authorization by the resident's prescribing
				practitioner.
Medications controlled under SDCL chapter 34-20 B shall not
				  be returned to the dispensing pharmacy or to an authorized reverse distributor
				  company. Documentation of destruction or disposal of medications shall be
				  included in the resident's record. The documentation shall include the method
				  of disposition; the medication name, strength, prescription number, quantity,
				  and date of disposition; and the name of any person who witnessed the
				  destruction or disposal.
Medications, excluding those controlled under SDCL chapter
				  34-20 B, contained in unit dose packaging meeting the requirements of §
										20:51:13:02.01 may be returned to
				  the dispensing pharmacy for credit and re-dispensing.
Any medication held for disposal shall be physically
				  separated from the medications being used in the facility, locked with access
				  limited, in an area with a system to reconcile, audit, or monitor them to
				  prevent diversion.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:06 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
Each medication administered by facility staff shall be
				  recorded in the residents medical record and signed by the person responsible.
				  Medication errors and drug reactions shall be reported to the residents
				  Medicare certified hospice provider and an entry made in the residents medical
				  record. Abbreviations and chemical symbols may be carried out only if the
				  facility has a standard list of abbreviations and symbols provided by the
				  Medicare certified hospice agency. All medications shall be administered to
				  residents by personnel acting under delegation of a licensed nurse, or
				  individual licensed to administer medications.
A person may not administer medications that have been
				  prepared by another person, other than a pharmacist.
Medication administration shall comply with §§
									44:80:08:02 to
				  44:80:08:05, inclusive, and with
				  the requirements for training in §§ 20:48:04.01:14 and 20:48:04.01:15
				  and for supervision in § 20:48:04.01:02. A nurse shall provide an
				  orientation to the unlicensed assistive personnel who will administer
				  medications. The orientation shall be specific to the facility and relevant to
				  the residents receiving administered medications. A registered nurse shall
				  provide medication administration training annually pursuant to §
									20:48:04:01 to any unlicensed
				  assistive personnel employed by the facility who will be administering
				  medications.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:07 - Medication control › Section 44:80:07:07 - Medication records

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration records provided by the Medicare
				  certified hospice agency shall be used and regularly checked by the Medicare
				  certified hospice agency.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:08 - Resident record services › Section 44:80:08:01 - Medical or care record

Current through Register Vol. 51, page 10, July 15, 2024
Medical or care records are considered the property of the
				  Medicare certified hospice agency and are the responsibility of that agency.
				  The medical or care record shall show the current condition of the resident and
				  necessary information for the facility to provide custodial care and support
				  services to the terminally ill resident.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:08 - Resident record services › Section 44:80:08:02 - Written policies and confidentiality of records

Current through Register Vol. 51, page 10, July 15, 2024
There shall be written policies and procedures to govern the
				  activities of the medical or care record service. They shall include policies
				  and procedures pertaining to the confidentiality and safeguarding of medical
				  records and the entries to be made by various authorized
				  personnel.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:08 - Resident record services › Section 44:80:08:03 - Record content

Current through Register Vol. 51, page 10, July 15, 2024
Each medical or care record provided by the Medicare
				  certified hospice agency shall include necessary information for the facility
				  to provide custodial care and support services to the resident from the time of
				  admission until discharge.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).