reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:06 - 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 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:07 - Admissions of patients

Current through Register Vol. 51, page 10, July 15, 2024
The governing body of the hospice shall establish and
				  maintain admission, transfer, and discharge policies, with written evidence to
				  assure the patients admitted to and retained in the hospice are within the
				  licensure classification of the facility. The hospice may admit and retain, on
				  the orders of a physician, only those patients for whom it can provide care
				  safely and effectively.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:08 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice 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 patients needs. Each hospice shall establish and maintain policies and
				  procedures for the management of respite care patients if the hospice 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 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:09 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have policies and procedures for
				  discharge planning.
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 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:10 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall provide for on-going evaluation of the
				  quality of services provided to patients 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 44:79 - Inpatient hospice facilities › Chapter 44:79:05 - Nursing and related care services › Section 44:79:05:01 - Admissions

Current through Register Vol. 51, page 10, July 15, 2024
Each patient may be admitted only on the order of a
				  physician. Prior to or upon admission of a patient, the attending physician
				  shall provide the staff of the facility with documented information regarding
				  current medical findings and with written orders for the immediate care of the
				  individual.
A physician may not delegate a task when the regulations
				  specify the physician shall perform it personally, or when the delegation is
				  prohibited under state law or by the facility's 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 44:79 - Inpatient hospice facilities › Chapter 44:79:05 - Nursing and related care services › Section 44:79:05:02 - Medical orders

Current through Register Vol. 51, page 10, July 15, 2024
All medical orders shall be in writing or electronic format
				  and signed by the physician. Verbal orders are for medications, treatment,
				  interventions, or other patient care that are transmitted as oral, spoken
				  communications between senders and receivers, delivered either face-to-face or
				  via telephone. Verbal orders may be taken only when there is an urgent need to
				  initiate or change a medical order.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:05 - Nursing and related care services › Section 44:79:05:03 - Physician services for hospice patients

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide or arrange for physician services,
				  including emergencies once a patient elects hospice care.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:05 - Nursing and related care services › Section 44:79:05:04 - Nursing policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall establish and maintain policies and
				  procedures that provide the nursing staff with methods of meeting its
				  administrative and technical responsibilities in providing care to patients.
				  The policies shall include at least the following:
(1) The noting of diagnostic and therapeutic
				orders;
(2) Assigning the nursing
				care of patients;
(3)
				Administration and control of medications;
(4) Documentation by nursing
				personnel;
(5) Infection control;
				and
(6) Patient 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 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:01 - 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 patients 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 §
									44:79:02:04.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:02 - 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 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:03 - 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 patient'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 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:04 - 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 patient are met. A dietitian
				  or nutritionist shall approve each menu, assess the nutritional status of each
				  patient 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 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:05 - 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 patient upon admission; any
				  patient having a significant change in diet, eating ability, or nutritional
				  status; and monthly for any patient receiving tube feedings.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:06 - 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 44:79 - Inpatient hospice facilities › Chapter 44:79:06 - Dietetic services › Section 44:79:06:07 - Dietary department

Current through Register Vol. 51, page 10, July 15, 2024
Construction, equipment, and installation of the dietary
				  department shall comply with or exceed the minimum standards in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, the Food Service Code. The installation shall comply
				  with §
									44:79:10:10 unless a commercially
				  prepared dietary service, meals, or disposables are used. If a commercial
				  service is used, dietary areas and equipment shall meet the requirements for
				  sanitary storage, processing, and handling.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Note:
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
					 $4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:01 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall establish and practice methods and
				  procedures for medication control that include the following:
(1) A requirement that each patient's
				prescribing physician provide to the facility electronic or written signed
				orders for any medications taken by the patient; authorization for medications
				or drugs kept on the person or in the room of the patient; and release of
				medications;
(2) Provisions for
				proper storage of prescribed medications so that the medications are
				inaccessible to patients or visitors with requirements for:
(a) Separate storage of poisons, topical
				medications, and oral medications; and
(b) A medication prescribed for one patient
				not to be administered to any other patient;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:02 - Orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All medications or drugs administered to patients shall be
				  ordered electronically or in writing and signed by the prescriber. Verbal
				  orders are for medications, treatments, or other patient care that are
				  transmitted as oral, spoken communications between a sender and a receiver,
				  delivered either face-to-face or via telephone. Verbal orders for medications
				  or drugs may be taken only when there is an urgent need to initiate or change
				  an order and accepted only by a pharmacist or licensed nurse.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:03 - Medication therapy

Current through Register Vol. 51, page 10, July 15, 2024
The pharmacist shall review the patient's diagnosis, the
				  drug regimen, and any pertinent laboratory findings and dietary considerations.
				  The pharmacist shall report potential drug therapy irregularities and make
				  recommendations for improving the drug therapy of the patient to the attending
				  physician and the administrator. A copy of the medication review shall be in
				  the patient medical record.
The pharmaceutical service shall be under the supervision of
				  a licensed pharmacist who provides consultation and oversees all aspects of the
				  pharmaceutical services.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:04 - 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 patients 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 patients.
The medications or drugs of each patient for whom medications
				  are facility-administered shall be stored in the containers in which they were
				  originally received and may not be transferred to another container. Special
				  modification of this requirement may be made if single dose packaging is used.
				  Each prescription drug container, including manufacturer's complimentary
				  samples, shall be labeled with the patients name, physicians 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 procure and stock nonlegend medications and
				  administer them in accordance with written policies and procedures that provide
				  for oversight by qualified personnel.
Any container with a worn, illegible, or missing label shall
				  be destroyed pursuant to §
									44:79:08:06. 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 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:05 - Control and accountability of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Medications brought from home may be used if ordered by the
				  attending physician and, if prior to administration, is identified as the
				  prescribed drug. Patients may not keep medications on their person or in their
				  room without a physician's order allowing self-administration. Written
				  authorization by the patients physician shall be secured for the release of any
				  medication to a patient upon discharge, transfer, or temporary leave from the
				  facility. The release of medication shall be documented in the patients record,
				  indicating quantity, drug name, and strength. The facility shall maintain
				  records that account for all medications and drugs from their receipt through
				  administration, destruction, or return.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:06 - 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 a 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 patient upon
				discharge after authorization by the patient's prescribing practitioner.
Documentation of destruction or disposal of medications shall
				  be included in the patient'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 redispensing.
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 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:07 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
Each medication administered shall be recorded in the
				  patients medical record and signed by the person responsible. Medication errors
				  and drug reactions shall be reported to the patients physician and an entry
				  made in the patients medical record. Orders involving abbreviations and
				  chemical symbols may be carried out only if the facility has a standard list of
				  abbreviations and symbols approved by the medical staff or, in the absence of
				  an organized medical staff, by the medical director and the list is available
				  to the nursing staff. All medications shall be administered to patients by
				  personnel acting under delegation of a licensed nurse, or 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 §§
									44:79:08:02 to
				  44:79:08:05, 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. The licensed nurse shall provide
				  an orientation and training to the unlicensed assistive personnel who will
				  administer medications annually. The orientation shall be specific to the
				  facility and relevant to the patients receiving administered
				  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 44:79 - Inpatient hospice facilities › Chapter 44:79:07 - Medication control › Section 44:79:07:08 - Medication records

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration records shall be used and
				  regularly checked against the physician's orders. Each medication administered
				  shall be recorded in the patient's medical record and signed by the individual
				  responsible.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:01 - Medical record

Current through Register Vol. 51, page 10, July 15, 2024
There shall be an organized medical record system. A medical
				  record shall be maintained for each patient admitted to the
				  hospice.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:02 - 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
				  administration and activities of the medical record service. They shall include
				  policies and procedures pertaining to the confidentiality and safeguarding of
				  medical records, the record content, continuity of a patient's medical records
				  during subsequent admissions, requirements for completion of the record, 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 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:03 - Record content

Current through Register Vol. 51, page 10, July 15, 2024
Each medical record shall show the condition of the patient
				  from the time of admission until discharge and shall include the
				  following:
(1) Identification
				data;
(2) Consent forms, except
				when unobtainable;
(3) History of
				the patient;
(4) A current overall
				plan of care;
(5) Report of the
				initial and periodic physical examinations, evaluations, and all plans of care
				with subsequent changes;
(6)
				Diagnostic and therapeutic orders;
(7) Progress notes from all
				disciplines;
(8) Laboratory and
				radiology reports;
(9) Description
				of treatments, diet, and services provided and medications
				administered;
(10) All indications
				of an illness or an injury and change in condition, including the date, the
				time, and the action taken regarding each;
(10) Advanced directive;
(11) Physicians orders;
(12) Patients rights;
(13) A final diagnosis;
(14) A discharge summary; and
(15) Discharge instructions for home care
				when applicable.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:04 - Retention of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A hospice shall retain medical records for a minimum of six
				  years from the actual visit date of service or patient care. The retention of
				  the record for six years is not affected by additional and future visit dates.
				  The retention of the record for six years is not affected by additional and
				  future visit dates.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:79:08:05.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:05 - Storage of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A hospice shall provide for filing, safe storage, and easy
				  accessibility of medical records. The medical records shall be preserved as
				  original records or in other readily retrievable and reproducible form. Medical
				  records shall be protected against access by unauthorized individuals. All
				  medical records shall be retained by the hospice upon change of
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Disposition of medical records on closure of facility or
					 transfer of ownership, §
					 44:79:08:08.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:06 - Destruction of medical records

Current through Register Vol. 51, page 10, July 15, 2024
After the minimum retention period of six years from the
				  actual date of care outlined in §
									44:79:09:04, the medical record
				  may be destroyed at the discretion of the facility. Before the destruction of
				  the medical record, the facility shall prepare and retain a patient index or
				  abstract. The patient index or abstract shall include:
(1) Name;
(2) Medical record number;
(3) Date of birth;
(4) Summary of care dates;
(5) Attending or admitting physician;
				and
(5)  Diagnosis or diagnosis
				code.
The facility shall destroy the medical record in a way that
				  maintains confidentiality.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:08 - Patient record services › Section 44:79:08:07 - Disposition of medical records on closure of facility or transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
If a hospice ceases operation, the facility shall provide
				  for safe storage and prompt retrieval of medical records and the patient
				  indexes specified in §
									44:79:08:06. The hospice may
				  arrange storage of medical records with another health care facility of the
				  same licensure classification, transfer medical records to another health care
				  provider at the request of the patient, relinquish medical records to the
				  patient or the patient's parent or legal guardian, or arrange storage of
				  remaining medical records with a third party vendor who undertakes such a
				  storage activity. At least 30 days before closure, the hospice shall notify the
				  department in writing indicating the provisions for the safe preservation of
				  medical records and their location and publish in a local newspaper the
				  location and disposition arrangements of the medical records.
If ownership of the hospice is transferred, the new owner
				  shall maintain the medical records as if there was not a change in
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:79:08:05.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:01 - Patients' rights policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish policies consistent with this
				  chapter to protect and promote the rights of each patient.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:02 - Facility to inform patient of rights

Current through Register Vol. 51, page 10, July 15, 2024
Prior to or at the time of admission, a facility shall
				  inform the patient, both orally and in writing, of the patient's rights and of
				  the rules governing the patient's conduct and responsibilities while in the
				  facility. The patient shall acknowledge in writing that the patient received
				  the information. During the patient's stay the facility shall notify the
				  patient, both orally and in writing, of any changes to the original
				  information. A patient has the right to receive visitors. Visitors may not
				  cause a disruption to the care and services residents receive or infringement
				  on other residents rights or place an undue burden on the
				  facility.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:03 - Facility to provide information on available services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide the following information in
				  writing to each patient:
(1) A list of
				services available in the facility and the charges for such services. The
				facility shall specify which items and services are included in the services
				for which the patient may not be charged, those other items and services that
				the facility offers and for which the patient may be charged, and the amount of
				any such charges;
(2) A description
				of how a patient may protect personal funds;
(3) A list of names, addresses, and telephone
				numbers of client advocates;
(4) A
				description of how to file a complaint with the department concerning abuse,
				neglect, and misappropriation of patient property;
(5) A description of how the patient can
				contact the patient's physician, including the name and specialty of the
				physician;
(6) A description of how
				to apply for and use Medicare and Medicaid benefits, and the right to establish
				eligibility for Medicaid, including the addresses and telephone numbers of the
				nearest office of the South Dakota Department of Social Services and of the
				United States Social Security Administration;
(7) A description of readmission rights of
				the patient; and
(8) A description
				explaining the responsibilities of the patient and family members regarding
				self-administered medication.
A signed and dated admission agreement between the patient or
				  the patient's legal representative and the facility shall include subdivisions
				  (1) to (8), inclusive, of this section. The patient or patient's legal
				  representative and the facility shall complete the admission agreement before
				  or at the time of admission and before the patient has made a commitment for
				  payment for proposed or actual care.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:04 - Notification when patient's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall immediately inform the patient, consult
				  with the patient's physician and, if known, notify the patient's legal
				  representative or interested family member when any of the following
				  occurs:
(1) An accident involving the
				patient that results in injury or has the potential for requiring intervention
				by a physician;
(2) A significant
				change in the patient's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				or
(4) A decision to transfer or
				discharge the patient from the facility.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:05 - Choice in planning care

Current through Register Vol. 51, page 10, July 15, 2024
A patient may choose a personal attending physician, be
				  fully informed in advance about care and treatment and of any changes in that
				  care or treatment that may affect the patient's well-being, and, unless
				  adjudged incompetent or otherwise found to be incapacitated under the laws of
				  the state, participate in planning care and treatment or changes in care or
				  treatment.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
Right to choose own physician unimpaired by public health
					 programs --Misdemeanor, SDCL
					 34-1-20.
Rights of authorized person as incapacitated person, SDCL
					 34-12C-6.
Liability of health care provider -- Liability of
					 authorized decision maker, SDCL
					 34-12C-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:06 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for privacy and confidentiality for
				  the patient, including the patient's accommodations, medical treatment, written
				  and telephone communications, personal care, visits, and meetings of family and
				  patient groups. A facility shall permit patients to perform the
				  following:
(1) To send and receive
				unopened mail and to have access to stationery, postage, and writing implements
				at the patient's own expense;
(2)
				Use a telephone without being overheard;
(3) To visit a spouse or, if both are
				patients of the same facility, to share a room with the spouse, within the
				capacity of the facility, upon the consent of both spouses;
(4) Except in an emergency, to have room
				doors closed and to require knocking before entering the patient's
				room;
(5) To have only authorized
				staff present during treatment or activities of personal hygiene;
(6) To retire and rise according to the
				patient's wishes, as long as the patient does not disturb other
				patients;
(7) To meet, associate,
				and communicate with any person of the patient's choice in a private place
				within the facility; and
(8) To
				approve or refuse the release of personal and medical records to any individual
				outside the facility, except if the patient is transferred to another health
				care facility or if the release of the record is required by law. With the
				patient's permission, a facility shall allow the state ombudsman or a
				representative of the ombudsman access to the patient's medical
				records.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
Written policies and confidentiality of records, §
											44:79:08:03.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:07 - Availability of survey results

Current through Register Vol. 51, page 10, July 15, 2024
Survey results, along with the corresponding Plan of
				  Correction shall be provided to residents and individuals upon
				  request.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:09 - Patients' and families rights › Section 44:79:09:08 - Admission, transfer, and discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall establish and maintain policies and
				  practices for admission, discharge, and transfer of patients that prohibit
				  discrimination based upon payment source. The facility shall notify each
				  patient at or before the time of admission of these policies and procedures.
				  The policies and practices shall include the following provisions:
(1) The patient may remain in the facility
				and may not be transferred or discharged unless the patient's needs and welfare
				cannot be met by the facility, the patient's health has improved sufficiently
				so the patient no longer needs the services provided by the facility, the
				safety or health of persons in the facility is endangered by the patient, the
				patient has failed to pay for allowable billed services as agreed to, or the
				facility ceases to operate;
(2) The
				facility shall notify the patient and a family member or client advocate in
				writing before the transfer or discharge unless a change in the patient's
				health requires immediate transfer or discharge. The written notice shall
				specify the reason for and effective date of the transfer or discharge and the
				location to which the patient will be transferred or discharged;
(3) The conditions under which the patient
				may request or refuse transfer within the facility; and
(4) A description of how the patient may
				appeal a decision by the facility to transfer or discharge the
				patient.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:01 - Application of chapter

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to any new facility and
				  to any renovation, addition, or change in space use of currently approved
				  existing facility. Accessible and usable accommodations shall be available to
				  the public, staff, and patients with disabilities.
Each facility shall comply with
NFPA 101 Life Safety
				  Code,
2012 edition.
General Authority:
SDCL
					 34-1-17(4), (5),
					 and 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 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:02 - Administrative space

Current through Register Vol. 51, page 10, July 15, 2024
The administrative area shall consist of an office, lobby,
				  and public and staff toilet rooms.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:03 - Medical records storage

Current through Register Vol. 51, page 10, July 15, 2024
The medical records shall include active and closed record
				  storage and a work area.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:04 - Storage rooms

Current through Register Vol. 51, page 10, July 15, 2024
There shall be at least 10 square feet (0.929 square meters)
				  of central storage provided for each bed. General storage shall be concentrated
				  in one area in the facility, but up to 50 percent of the general storage space
				  may be provided on the premises.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:05 - Patient dining and lounge area

Current through Register Vol. 51, page 10, July 15, 2024
The total areas set aside for patient dining, lounge, and
				  other central use areas may not be less than 40 square feet (4.18 square
				  meters) for each bed.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:06 - Patient rooms

Current through Register Vol. 51, page 10, July 15, 2024
A patient room shall meet the following requirements:
(1) A maximum room capacity is one
				patient;
(2) A minimum area,
				exclusive of toilet rooms, closets, lockers, wardrobes, or vestibules, of 150
				square feet (13.98 square meters) in each bedroom. Any sleeping room designed
				as part of a suite of rooms shall have a minimum area of 120 square feet (11.15
				square meters). The minimum dimension in sleeping rooms may not be less than
				nine feet six inches (2.90 meters);
(3) A window sill not higher than three feet
				(0.91 meters) above the floor. The floor shall be above grade;
(4) A toilet room shall be attached to the
				patient room. The toilet room shall include a water closet with bedpan washer,
				handsink, mirror, soap dispenser, towel dispenser, and private individual
				storage. All new construction of toilet rooms shall be wheelchair
				accessible;
(5) A handsink shall be
				provided in the room equipped with a soap dispenser and paper towel dispenser;
				and
(6) A separate closet space or
				wardrobe of five square feet (.46 meters).
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:07 - Family room

Current through Register Vol. 51, page 10, July 15, 2024
An attached living space for the patients family shall be
				  150 square feet (13.94 meters) and shall be equipped with comfortable seating
				  and sleeping accommodations. Provisions shall be made for patient privacy at
				  the adjoining family room.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).