reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:05 - Housekeeping cleaning methods and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish written housekeeping procedures
				  for the cleaning of all areas in the facility and copies made available to all
				  housekeeping personnel. All parts of the facility shall be kept clean, neat,
				  and free of visible soil, litter, and rubbish. Equipment and supplies shall be
				  provided for cleaning of all surfaces. Such equipment shall be maintained in a
				  safe, sanitary condition. Hazardous cleaning solutions, chemicals, poisons, and
				  substances shall be labeled, stored in a safe place, and kept in an enclosed
				  section separate from other cleaning materials. Cleaning of areas designed for
				  resident use shall be performed by dustless methods that minimize the spread of
				  pathogenic organisms in the facility's atmosphere. Cleaning shall include all
				  environmental surfaces within the facility that are subject to contamination
				  from dust, direct splash, or pathogenic organisms except medical equipment,
				  supplies, or devices that are the responsibility of other services or
				  departments of the facility.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:06 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
Food service shall be provided by a licensed facility or food
				  service establishment that is inspected by a local, state, or federal agency.
				  The facility shall meet the safety and sanitation procedures for food service
				  in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, In addition, a mechanical dishwasher shall be provided
				  in each facility of seventeen beds or more. The facility shall have the space,
				  equipment, supplies and mechanical systems for efficient, safe, and sanitary
				  food preparation if any part of the food service is provided by the
				  facility
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Food Service Code, chapter
					 44:02:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:07 - Handwashing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Handwashing facilities consisting of hot and cold running
				  water dispensed through a mixing faucet controlled with blade handles or other
				  hands-free controls, a towel dispenser with single-service towels or a
				  hand-drying device, and hand cleanser shall be located in dietary areas,
				  utility rooms, staff stations, physical therapy rooms, laundry, and all toilet
				  rooms. A handwashing facility shall be provided in each resident room or in a
				  bath or toilet room connected directly to the room. If existing faucets and
				  controls are replaced or changed, they shall be replaced with mixing faucets
				  controlled with blade handles or other hands-free controls.
General Authority:
SDCL
					 34-12-13(4).
Law Implemented:
SDCL
					 34-12-13(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:09 - Infection prevention and control

Current through Register Vol. 51, page 10, July 15, 2024
The infection prevention and control program shall utilize
				  the concept of standard precautions as the basis for infection prevention and
				  control. Bloodborne pathogen control shall be maintained according to the
				  requirements contained in 29
				  C.F.R. 1910.1030, April 3, 2012. The facility
				  shall designate healthcare personnel to be responsible for the implementation
				  of the infection prevention and control program including monitoring and
				  reporting activities. The facility shall have written procedures that govern
				  the use of aseptic techniques and procedures in all areas of the facility. Each
				  facility shall develop policies and procedures for the handling and storage of
				  potentially hazardous substances (including lab specimens). The facility shall
				  provide orientation and continuing education to all personnel on the cause,
				  effect, transmission, prevention, and elimination of infections. Each facility
				  shall develop a written policy for evaluation and reporting of any personnel
				  with a reportable infectious disease.
General Authority:
SDCL
					 34-12-13(1),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:10 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
The facility's plumbing system shall be designed and
				  installed in accordance with the provisions of SDCL chapters 36-25-15 and
				  36-25-15.1. Plumbing shall be sized, installed, and maintained to carry
				  required quantities of water to required locations throughout the
				  facility.
General Authority:
SDCL
					 34-12-13(4).
Law Implemented:
SDCL
					 34-12-13(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:11 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply must be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Agriculture and Natural Resources. Each private water supply must have a water
				  sample bacteriologically tested at least monthly. The volume of water must be
				  sufficient for the needs of the facility, including firefighting requirements.
				  The hot water system must 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 one hundred twenty-five
				  degrees Fahrenheit or fifty-two degrees centigrade. The minimum temperature of
				  hot water for resident use shall be at least one hundred degrees Fahrenheit or
				  thirty-eight degrees centigrade. Monthly monitoring of water temperatures is
				  required and documentation must be maintained under facility policy.
Each water supply system in a facility must maintain one part
				  per million free residual chlorine at remote point-of-use fixtures in the
				  facility or the facility may use another bacteriological control method that
				  has been demonstrated to be equivalent in control of
Legionella.
Increasing the water temperature range from one
				  hundred twenty-two degrees to one hundred twenty-five degrees Fahrenheit or
				  fifty degrees to fifty-two degrees centigrade is acceptable. The facility shall
				  document water temperatures to verify the hot water temperature is being
				  maintained within the acceptable range. If hot water temperatures are outside
				  the acceptable range, chlorine testing must 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, monthly testing may be completed.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Standards adopted for plumbing -- Conformity to Uniform
					 Plumbing 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 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:11.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 019, effective
				  8/30/2023 is not
				  yet available.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:12 - 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 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:13 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Any space 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. A reading light shall be provided for each
				  resident who can benefit from one. Each required exit shall be equipped with
				  continuous emergency lighting. Emergency power shall be provided if the main
				  source of power fails.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:14 - 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 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:15 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall take 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. The facility may use chemical
				  substances of a poisonous nature in accordance with the requirements of this
				  section to control or eliminate various types of vermin. The substances shall
				  be properly colored and labeled to identify them as poisons, shall be used and
				  stored in a safe manner, and may not be stored with food or drugs used for
				  human consumption. Extreme care shall be taken to prevent any poisons from
				  contaminating food or food products.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:16 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Sewage shall be disposed of in a public sewage works system
				  or, in its absence, in a manner approved by the department in accordance with
				  the provisions of SDCL chapter 34A-2.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:17 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to any occupant. The extent
				  and complexity of occupant protection precautions are determined by the
				  services offered and the physical needs of any resident admitted to the
				  facility. The facility 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 an emergency
				staff call system for resident use to summon assistance from staff. The system
				must be capable of being easily activated by a resident and must register both
				visually and audibly at the staff station. The system must be utilized and
				maintained in a manner to ensure it is a consistent and effective means for a
				resident to alert staff of the need for assistance. The call system must also
				meet at least one of the following requirements
(a) The call system utilizes fixed call
				stations convenient for resident use and activated by a pull cord or other
				approved device. The fixed call stations must be located at each bed, toilet,
				and bathing facility used by a resident;
(b) The call system is a wireless system with
				devices carried by a resident; or
(c) The call system is another type of call
				system that has been submitted for review and approved by the department;
A call station or device is not required in the resident room
				  of a cognitively impaired resident if a nursing assessment determines the
				  resident would not benefit from the availability;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:18 - 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 75
				  square feet (6.98 square meters) of floor space per bed, with at least three
				  feet (0.91 meters) between beds in a multi-bed room exclusive of closets and
				  wardrobes; and 95 square feet (8.83 square meters) in a single room, 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 facility shall have ten square feet (0.93 square
				  meters) of general storage for each bed. A total of 37.5 square feet (3.48
				  square meters) of recreational activity, dining, and occupational therapy area
				  for each bed and each day care resident shall be provided in the facility. Each
				  facility shall be constructed, equipped, and operated to maintain the privacy
				  and dignity of all residents. In a multi-bed room, each bed shall be able to be
				  separated from the other beds by privacy curtains. Existing assisted living
				  centers shall maintain the square footage of resident rooms, dining rooms, and
				  common space required at the time of plan approval.
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,
					 subdivision 44:70:10:02(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:19 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall submit any proposed change by new
				  construction, remodeling, or change of use of an area to the department. Any
				  change shall have the approval of the department before it is
				  made.
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 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:20 - 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. A facility shall be served by good, passable roads. Easy accessibility
				  for personnel, visitors, and firefighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1)(3)(14).
Law Implemented:
SDCL
					 34-12-13(1)(3)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:21 - 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. Each resident's space
				  may be maintained outside the required range if desired by the
				  resident.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:03 - Fire protection › Section 44:70:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must meet applicable fire safety standards in
NFPA 101 Life Safety Code
, 2012 edition. An automatic sprinkler
				  system is not required in an existing facility unless significant renovations
				  or remodeling occurs, provided that any existing automatic sprinkler system
				  must remain in service. An attic heat detection system is not required in an
				  existing facility unless significant renovations or remodeling
				  occurs.
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 at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards
.
					 Cost: $151.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:03 - Fire protection › Section 44:70:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must be constructed, arranged, equipped,
				  maintained, and operated to avoid undue danger to the lives and safety of
				  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 facility shall conduct fire drills quarterly for each shift. If
				  the facility is not operating with three shifts, monthly drills must be
				  conducted to provide training for all personnel. At least two personnel shall
				  be on duty at all times, unless the department has approved a staffing
				  exception requested by the facility. In a multilevel facility, at least one
				  personnel 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, §
											44:70:03:01.
Staffing exceptions, §
					 44:70:03:02.01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:03 - Fire protection › Section 44:70:03:02.01 - Staffing exception

Current through Register Vol. 51, page 10, July 15, 2024
Certain staffing exceptions for assisted living centers are
				  allowed as follows:
(1) For each
				facility with ten beds or fewer, at least one staff person shall be on duty.
				The staff person may sleep at night if:
(a)
				The facility fire alarm promptly alerts staff;
(b) Exterior door alarms are audible in the
				staff bedroom;
(c) A staff call
				system is available;
(d) The staff
				bedroom has an egress window; and
(e) The residents have an evacuation score
				which shows them capable of prompt evacuation of three minutes or less as
				defined in §3.3.76, evacuation capability, of
NFPA 101 Life Safety
				Code
, 2012 edition;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:03 - Fire protection › Section 44:70:03:03 - Fire extinguisher equipment

Current through Register Vol. 51, page 10, July 15, 2024
Fire extinguisher equipment shall be installed and
				  maintained by the following 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 wire glass or other safety glazing material. Fire extinguisher cabinets
				shall be identified with a sign mounted perpendicular to the wall surface above
				the cabinet.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:03 - Fire protection › Section 44:70:03:04 - 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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:01 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each facility operated by a limited liability partnership, a
				  corporation, or a 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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:02 - 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. The administrator of an assisted living center shall
				  be a licensed health professional, a graduate from an accredited institution of
				  a higher learning program for long-term healthcare or health service
				  administration program, or complete a department approved assisted living
				  administrator course. During the completion of the assisted living
				  administrator course, oversight by a qualified administrator with at least two
				  years experience as an administrator shall continue until the administrator
				  training is complete. The certificate of completion and an attestation
				  statement that the administrator has read Article 44:70 must be provided to the
				  department before the administrator is considered qualified.
The administrator or designee shall be available to meet the
				  needs of the residents or to meet with a resident and family when
				  needed.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:03 - 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. Personnel on duty shall be awake
				  at all times. Any supervisor shall be eighteen years of age or older. Written
				  job descriptions and personnel policies and procedures shall be made available
				  to personnel of all departments and services. The facility may not knowingly
				  employ any person with a conviction for abusing another person. The facility
				  shall establish and follow policies regarding special duty or Personnel on
				  contract.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Staffing exception during sleeping hours, §
											44:70:03:02.01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:04 - 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 healthcare personnel. Ongoing education
				  programs must cover the required subjects annually. These programs must be
				  completed within thirty days of hire for all healthcare personnel and must
				  include the following subjects:
(1)
				Fire prevention and response;
(2)
				Emergency procedures and preparedness, including responding to resident
				emergencies and information regarding advanced directives;
(3) Infection control and
				prevention;
(4) Accident prevention
				and safety procedures;
(5) Resident
				rights;
(6) Confidentiality of
				resident information;
(7) Incidents
				and diseases subject to mandatory reporting and the facility's reporting
				mechanisms;
(8) Nutritional risks
				and hydration needs of residents;
(9) Abuse, neglect, and misappropriation of
				resident property and funds;
(10)
				Problem solving and communication techniques related to individuals with
				cognitive impairment or challenging behaviors if admitted and retained in the
				facility, and;
(11) Any additional
				healthcare personnel education necessary based on the individualized resident
				care needs provided by the healthcare personnel to the residents who are
				accepted and retained in the facility.
Any personnel whom the facility determines will have no
				  contact with residents are exempt from the training required by subdivision
				  (8).
Current professional and technical reference materials and
				  periodicals must 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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:05 - Personnel health program

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a personnel health program for the
				  protection of the residents. All personnel shall be evaluated by a licensed
				  health professional for freedom from a reportable communicable disease that
				  poses a threat to others before assignment to duties or within fourteen days
				  after employment including an assessment of previous vaccinations and
				  tuberculin skin tests. The facility 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 that may endanger the health of residents and
				  fellow personnel may not return to duty until they are determined by a
				  physician, physician assistant, or nurse practitioner, or their designee to no
				  longer have the disease in a communicable state.
General Authority:
SDCL
					 34-12-13(1)(5).
Law Implemented:
SDCL
					 34-12-13(1)(5).
Reportable diseases and conditions, ch
					 44:20:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:06 - Admissions or retention of residents

Current through Register Vol. 51, page 10, July 15, 2024
The governing body of the facility shall establish and
				  maintain admission, transfer, and discharge policies, with written evidence to
				  assure the residents admitted to and retained in the facility are within the
				  licensure classification of the facility or its distinct part. The facility may
				  admit and retain, on the orders of a physician, physician assistant, or nurse
				  practitioner, only those residents for whom it can provide care safely and
				  effectively.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Optional services, §
											44:70:04:14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13(1) and
					 (5),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13(1) and
					 (5),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (5),
					 34-22-9(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:09 - Disease prevention

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall provide an organized infection control
				  program for preventing, investigating, and controlling infection. The facility
				  shall establish written policies regarding visitation in the various services
				  and departments of the facility. Any visitor who has an infectious disease, who
				  has recently recovered from such a disease, or who has recently had contact
				  with such a disease shall be discouraged from entering the
				  facility.
General Authority:
SDCL
					 34-12-13(1) and
					 (5).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:10.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 019, effective
				  8/30/2023 is not
				  yet available.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:11 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
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 adult day care clients and 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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:12 - Memory care units

Current through Register Vol. 51, page 10, July 15, 2024
Each facility with a memory care unit shall comply with the
				  following provisions:
(1) Each
				physician's, physician assistant's, or nurse practitioner's order for
				confinement that includes medical symptoms that warrant seclusion or placement
				must be documented in the resident's chart and must be reviewed periodically by
				the physician, physician assistant, or nurse practitioner;
(2) Therapeutic programming must be provided
				and must be documented in the overall plan of care;
(3) Confinement may not be used as punishment
				or for the convenience of the personnel;
(4) Confinement and its necessity must be
				based on a comprehensive assessment of the resident's physical and cognitive
				and psychosocial needs, and the risks and benefits of this confinement must be
				communicated to the resident's family;
(5) Each locked door shall conform to
				§18.2.2.2.4 and §19.2.2.2.4 of
NFPA 101 Life Safety
				Code
, 2012 edition; and
(6)
				Any personnel assigned to the secured unit shall have specific training
				regarding the unique needs of residents in that unit. At least one caregiver
				shall be on duty on the memory care unit at all times.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards
.
					 Cost: $151.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:13 - Resident admissions

Current through Register Vol. 51, page 10, July 15, 2024
Before admission to an assisted living center, each resident
				  shall have written orders from the physician, physician assistant, or nurse
				  practitioner of symptoms and diagnoses and a physical examination certifying
				  the resident is in reasonably good health.
The facility shall develop written communication describing
				  the resident care and services provided in the facility. The facility shall
				  provide the written communication to the resident's physician, physician
				  assistant, or nurse practitioner prior to or upon admission, yearly, and after
				  a significant change of condition.
The facility shall ensure an evaluation of each resident's
				  care needs is documented at the time of admission, thirty days after admission,
				  and annually thereafter, to determine if the facility can meet the needs for
				  each resident. The resident evaluation tool shall address at least the
				  following:
(1) Nursing care
				needs;
(2) Medication
				administration needs;
(3) Cognitive
				status, including instrumental activities of daily living;
(4) Mental health status;
(5) Physical abilities including activities
				of daily living, ambulation, and the need for assistive devices; and
(6) Dietary needs.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:13.01

Current through Register Vol. 51, page 10, July 15, 2024
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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
NFPA 101 Life Safety Code
, 2009 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: $76.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:15 - 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. Components of the quality assessment
				  evaluation shall include establishment of facility standards; review of
				  resident services to identify deviations from the standards and actions taken
				  to correct deviations; resident satisfaction surveys; utilization of services
				  provided; and documentation of the evaluation and report to the governing
				  body.
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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:16 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall have policies and procedures for discharge
				  planning including the person responsible, members of the discharge planning
				  team, a list of all area agencies and resources, and a description of the
				  process. An outside caregiver may be included in any discharge planning
				  conference.
The facility shall initiate planning with applicable agencies
				  to meet identified needs and residents shall be offered assistance to obtain
				  needed services upon discharge. Information necessary for coordination and
				  continuity of care shall be made available to whomever the resident is
				  discharged and to each referral agency as provided by the discharge
				  plan.
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 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:17 - Physician, physician assistant, or nurse practitioner services

Current through Register Vol. 51, page 10, July 15, 2024
Each resident shall designate an attending physician,
				  physician assistant, or nurse practitioner upon admission. Emergency and
				  arranged medical care shall be in accordance with written policies and
				  procedures of the facility. Each resident shall be seen by a physician,
				  physician assistant, or nurse practitioner at intervals in keeping with the
				  resident's condition, but at least once a year.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:04 - Management and administration › Section 44:70:04:18 - Admission and retention of residents with communicable diseases

Current through Register Vol. 51, page 10, July 15, 2024
A resident who is infected with a communicable disease which
				  is reportable to the department under SDCL
				  34-22-12, may be admitted to a
				  facility if the appropriate infection control measures can be provided by the
				  facility to prevent the spread of the communicable disease. If the facility
				  admits a resident with any of these diseases or antibiotic resistant organisms,
				  the following conditions must be met:
(1) All healthcare personnel shall have
				received education related to infection control measures and information about
				the state's reportable diseases list;
(2) The facility shall have written
				procedures and protocols for personnel to follow to avoid exposure to blood or
				body fluids of the affected residents; and
(3) The facility shall have a written
				infection control policy and procedures in place and in practice that prevent
				the spread of a communicable disease.
If, after admission, a resident is suspected of having a
				  communicable disease that endangers the health and welfare of personnel or
				  other residents, the facility shall contact a physician, physician assistant,
				  or nurse practitioner and ensure that measures are taken on behalf of the
				  resident with the communicable disease and the other residents to prevent
				  transmission of the disease.
General Authority:
SDCL
					 34-12-13(1)(14).
Law Implemented:
SDCL
					 34-12-13(1)(14),
					 34-22-9.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:01 - Nursing 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 nursing personnel with methods of meeting the
				  facility's administrative and technical responsibilities in providing care to
				  residents, including assessment and documentation. The policies shall include
				  the following:
(1) The noting of
				diagnostic and therapeutic orders;
(2) The assignment of the nursing care of
				residents;
(3) Administration and
				control of medications;
(4)
				Assessment and documentation by nursing personnel;
(5) Infection control;
(6) Resident safety;
(7) Delineation of orders from nonphysician
				practitioners; and
(8) Activities
				of daily living to maintain each resident's physical functioning and personal
				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 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:02 - Resident care plans, service plans, and programs

Current through Register Vol. 51, page 10, July 15, 2024
The nursing service of a facility shall provide safe and
				  effective care from the day of admission through the ongoing development and
				  implementation of written care plans or service plans for each resident. The
				  care plan or service plan shall address personal care, and the medical,
				  physical, mental, and emotional needs of the resident. The facility shall
				  establish and implement procedures for the assessment and management of
				  symptoms including pain.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13
					 (5(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:03 - Resident care

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall employ or contract with a licensed nurse
				  who assesses and documents the resident's individual personal care, medical,
				  physical, mental and emotional needs have been identified and addressed
				  including pain management. Any outside services utilized by residents shall
				  comply with and complement facility care policies. Each resident shall receive
				  daily care by facility personnel as needed to keep skin, nails, hair, mouth,
				  clothing, and body clean and healthy. The facility shall provide linens,
				  equipment, and basic toiletries for personal care and for other activities of
				  daily living commensurate with the needs of the resident
				  served
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:04 - Intermittent nursing care

Current through Register Vol. 51, page 10, July 15, 2024
Skilled nursing services or rehabilitation services provided
				  to residents shall be limited to less than eight hours per day and twenty-eight
				  or fewer hours each week. The facility shall maintain documentation of the
				  skilled nursing services or rehabilitation services to ensure the needs of the
				  residents are identified and addressed including a planned completion date
				  based on the assessments conducted. Unlicensed personnel of a facility may not
				  accept any delegated skilled tasks from any nonemployed, noncontracted skilled
				  nursing or therapy providers licensed pursuant to SDCL chapters 36-9, 36-10,
				  and 36-31.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:05 - Hospice services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility offering hospice services shall provide
				  services to a terminally ill person and arrange for those services from a
				  Medicare certified hospice agency under a written plan established and
				  periodically reviewed by the person's attending physician, physician assistant,
				  or nurse practitioner. Unlicensed personnel of a licensed facility may not
				  accept any delegated skilled tasks from any hospice providers licensed under
				  SDCL chapter 36-9.
A facility that admits or retains a resident who has
				  requested hospice services shall have an order identifying the terminal
				  illness. The facility shall have unlicensed assistive personnel on duty to
				  administer medications when a hospice patient resides in the facility. At least
				  two personnel shall be on duty at all times if the care needs of the hospice
				  patient require additional staffing or if the resident is not capable of
				  self-preservation. Family members may assist with the care of the hospice
				  patient. The facility and hospice agency shall develop a written care plan or
				  service plan that delineates responsibilities. The facility shall be equipped
				  with an automatic sprinkler system if a hospice patient becomes incapable of
				  self-preservation. A facility without an automatic sprinkler system shall
				  implement discharge planning to a safe environment prior to the hospice patient
				  becoming incapable of self-preservation.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).