reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:05 - Daily testing sample record

Current through Register Vol. 51, page 10, July 15, 2024
A cannabis establishment shall maintain and update by
				  midnight of each day of operation, an electronic testing sample record that
				  must include:
(1) The batch identifier
				and quantity of each batch from which samples were drawn;
(2) The sample identifier of each sample
				created, its quantity, and the batch identifier associated with the
				sample;
(3) The tests to be
				performed; and
(4) Test results,
				including a note of whether the testing facility has indicated the batch is
				safe or unsafe for transfer to another establishment.
The quantity of each batch and each sample must be expressed
				  in the same units as the inventory record.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:06 - Cultivation facility inventory records - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The inventory record of a cultivation facility must include
				  a unique identifier for each immature plant and mature plant that must also be
				  printed on a label affixed to the growing container or a on the inventory
				  tracking system plant tag around the plant's stalk. Each cannabis plant shall
				  have an inventory tracking system plant tag attached once it is over twelve
				  inches in height. The inventory record must be updated each time:
(1) A seedling exceeds its size limit and is
				considered a plant;
(2) A plant
				flowers for the first time;
(3) A
				plant is trimmed or harvested;
(4)
				A testing batch is created; or
(5)
				Cannabis is packaged for retail sale.
The record for a testing batch must indicate the unique
				  identifier for each plant used to produce the batch. The record for cannabis
				  packaged and labeled for transfer to a dispensary must include the number of
				  marketing layers and the quantity of cannabis in each marketing layer, as
				  expressed according to the relevant labeling requirement.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:07 - Cannabis product manufacturing facility inventory records - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The inventory record of a cannabis product manufacturing
				  facility must include the testing batch identification number of any cannabis
				  and cannabis product obtained from a cultivation facility as follows:
(1) The inventory record must be updated each
				time:
(a) A quantity of concentrated cannabis
				is made from cannabis flower or trim;
(b) A quantity of cannabis product is made
				from cannabis or concentrated cannabis; or
(c) A quantity of cannabis product is
				packaged for retail sale.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:08 - Testing facility inventory records - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
A testing facility shall maintain and update by midnight each
				  day of operation, an inventory record of:
(1) All samples in its possession, with
				unique identifiers and quantities expressed in units specified in its operating
				procedures; and
(2) All other
				cannabis, cannabis extracts, and cannabis products acquired for training or
				reference purposes;
(3) The
				quantity of each sample rendered unusable by testing;
(4) The quantity of each sample returned to
				the establishment;
(5) The quantity
				of each sample destroyed; and
(6)
				The quantity of any sample lost, stolen, or otherwise unaccounted
				for.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:09 - Dispensary inventory records - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The inventory record of a dispensary must include the type of
				  product, the testing batch identifier, the number of marketing layers, and the
				  quantity of cannabis in each marketing layer, as expressed according to the
				  relevant labeling requirement for all cannabis and cannabis products. The
				  inventory record shall be updated each day of operation to reflect:
(1) Any cannabis, cannabis extracts, or
				cannabis products received from another establishment;
(2) Sales to qualifying cardholders, which
				must include the cardholder's identification number;
(3) Returns of merchandise from cardholders,
				whether to be resold, returned to another establishment, or
				destroyed;
(4) Transfers to another
				establishment, including returns; and
(5) Destruction of cannabis.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:10 - Daily transaction record

Current through Register Vol. 51, page 10, July 15, 2024
A dispensary shall maintain and update by midnight each day
				  of operation, a transaction record, that must include:
(1) The type of product, the testing batch
				identifier, the number of marketing layers, and the quantity of cannabis in
				each marketing layer, as expressed according to the relevant labeling
				requirement, for each sale or return; and
(2) The cardholder identification number
				associated with each quantity. The transaction record may not contain any other
				identifying information relating to a cardholder.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-71,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:11 - Department access to and use of establishment records

Current through Register Vol. 51, page 10, July 15, 2024
An establishment shall provide to the department agents
				  access to all records during an inspection of an establishment or vehicle or
				  upon request.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5),
					 34-20G-88.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:12 - Inconsistencies in establishment recordkeeping - Department action

Current through Register Vol. 51, page 10, July 15, 2024
Upon the discovery of any inconsistencies in the
				  establishment's record-keeping, the department shall:
(1) Make a determination of whether the
				inconsistencies are knowing or negligent;
(2) Inform the establishment in writing of
				its findings;
(3) If applicable,
				initiate suspension or revocation proceedings; and
(4) If applicable, refer possible criminal
				violations to state and local law enforcement.
General Authority:
SDCL
					 34-20G-72(5)(b)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5),
					 34-20G-88.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:11 - Recordkeeping › Section 44:90:11:13 - Authorized transfers requirements and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Establishments may transfer cannabis and cannabis products
				  between establishments provided the establishment follows all inventory
				  tracking system requirements and procedures in this Chapter.
Establishments are required to follow all authorized
				  transfer procedures including, but not limited to:
(1) Entering the correct information into the
				inventory tracking system identifying the transferor and the transferee;
				and
(2) Following all
				transportation and transfer requirements pursuant to §§
									44:90:04:18 through
				44:90:04:24, inclusive.
General Authority:
SDCL
					 34-20G-72(5)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:01 - Department inspection of establishments

Current through Register Vol. 51, page 10, July 15, 2024
he department may inspect an establishment during an
				  unannounced visit or in response to a complaint. Agents of the
				  department:
(1) Shall present
				identification before commencing an inspection of an establishment;
(2) Shall have complete and unrestricted
				access to establishments during business hours for the purposes of inspections,
				sample collection, testing, interviews, or other investigations;
(3) May collect samples of cannabis and
				cannabis products and perform analytical tests on those samples or submit them
				to a cannabis testing facility for testing;
(4) May inspect the contents of any vehicle
				used by an establishment to transport cannabis, cannabis extracts, or cannabis
				products and examine the transport manifest; and
(5) Shall have access to inventory records
				and certificates of analysis maintained by the establishment, including
				collecting paper or electronic copies for further review.
The department shall provide an establishment the results of
				  any analytical tests performed on samples taken from the establishment and
				  shall inform the establishment whether the cannabis or cannabis products from
				  which the samples were taken are nonusable.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-69,
					 34-20G-72(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:02 - Recalls

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that cannabis or cannabis
				  products that have been transferred to a dispensary pose a risk to public
				  health or safety due to contamination, spoilage, mislabeling, or other reasons,
				  the department may initiate a recall as follows:
(1) The department shall request that any
				establishment that cultivated, manufactured, or sold the affected cannabis or
				cannabis products initiate a voluntary recall;
(2) The department's correspondence shall
				include the reasons for the recall request;
(3) The affected establishments shall
				immediately store the affected cannabis in storage containers labeled
				prominently with the words RECALLED ' DO NOT TRANSFER;
(4) The affected establishments may
				voluntarily issue a recall of the cannabis or cannabis products;
(5) If the affected establishments agree to
				issue a recall, then the dispensary shall inform patients who purchased the
				recalled products that they should discontinue use and return the items to the
				dispensary; and
(6) If one or more
				affected establishments do not agree with the recall request, the department
				may order the recall of the affected items and shall identify the department's
				decision as a final department action subject to judicial review pursuant to
				SDCL chapter 1-26.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-69,
					 34-20G-72(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:03 - Corrective action plan

Current through Register Vol. 51, page 10, July 15, 2024
Upon the discovery of suspected violations of this article or
				  SDCL chapter 34-20 G, the department may order the establishment to comply with
				  a corrective action plan, which may include:
(1) Modifying operating procedures to comply
				with this article and SDCL chapter 34-20 G;
(2) Halting transfer of cannabis or cannabis
				products that are mislabeled or otherwise pose a threat to public health;
				and
(3) Destroying or remediating
				cannabis or cannabis products that pose a threat to public health.
The department may order a licensee to destroy a batch of
				  cannabis or cannabis products that fails testing and does not need to
				  demonstrate that the presence of contaminants was due to the action or inaction
				  of the licensee. Such notice must identify the department's decision as a final
				  department action subject to judicial review pursuant to SDCL chapter
				  1-26.
Nothing in this section prohibits licensees from initiating
				  corrective action, including voluntarily recalling cannabis or cannabis
				  products.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-69,
					 34-20G-72(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:04 - Suspension or revocation of registration certificate for serious and knowing violations

Current through Register Vol. 51, page 10, July 15, 2024
The department may, pursuant to SDCL chapter 1-26 and SDCL
				  34-20G-81, suspend for up to six
				  months or revoke a registration certificate for any knowing violation of this
				  article or SDCL chapter 34-20G that involves dishonesty, concealment, breach of
				  patient privacy, diversion, or threat to public health or safety.
Upon the discovery of serious and knowing violations that
				  pose an ongoing threat to public health, safety, or welfare, the department may
				  initiate emergency suspension proceedings pursuant to SDCL
				  1-26-29.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-72(6),
					 34-20G-80,
					 34-20G-81.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:05 - Suspension or revocation of registration certificate for multiple violations

Current through Register Vol. 51, page 10, July 15, 2024
The department may, pursuant to SDCL chapter 1-26 and SDCL
				  34-20G-81, suspend for up to six
				  months or revoke a registration certificate upon finding that the establishment
				  has committed multiple knowing and negligent violations of this article or SDCL
				  chapter 34-20G.
Upon the discovery of violations that pose an ongoing threat
				  to public health, safety, or welfare, the department may initiate emergency
				  suspension proceedings pursuant to SDCL
				  1-26-29.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-72(6),
					 34-20G-80,
					 34-20G-81.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:06 - Voluntary surrender of registration certificate

Current through Register Vol. 51, page 10, July 15, 2024
An establishment may offer to voluntarily surrender its
				  registration certificate and cease operations. In such cases, the department
				  has the discretion:
(1) To reject
				voluntary surrender;
(2) To accept
				the voluntary surrender without conditions; or
(3) To negotiate conditions of a voluntary
				surrender, including the amount of time before which the establishment or any
				principal officer or board member may apply for a registration
				certificate.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-72(6),
					 34-20G-80,
					 34-20G-81.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:07 - Revocation of registry identification card for unauthorized sale

Current through Register Vol. 51, page 10, July 15, 2024
Upon a finding that a cardholder sold cannabis to any person
				  who is not authorized to possess cannabis for medical purposes, the department
				  shall initiate emergency suspension proceedings pursuant to SDCL
				  1-26-29 and notify the cardholder
				  in writing of the revocation of the registry identification card, along with
				  notice of the right to appeal pursuant to SDCL chapter 1-26. The department
				  will notify the patient or caregiver of the revocation in writing with a
				  supporting rationale for revocation pursuant to this section.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-36,
					 34-20G-72(6),
					 34-20G-83.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:12 - Enforcement › Section 44:90:12:08 - Revocation of registry identification card for serious or multiple violations

Current through Register Vol. 51, page 10, July 15, 2024
The department may, pursuant to SDCL chapter 1-26 and SDCL
				  34-20G-84 revoke a registry
				  identification card upon finding that the cardholder has committed serious or
				  multiple violations of SDCL chapter 34-20G, including:
(1) Transferring cannabis to any person who
				is not authorized to possess cannabis for medical purposes;
(2) Submitting false information to the
				department;
(3) Making false
				statements to a law enforcement officer;
(4) Allowing unauthorized use of a registry
				identification card;
(5) Accepting
				remuneration other than direct costs incurred for assisting with the registered
				qualifying patient's medical use of cannabis, pursuant to SDCL
				34-20G-2(2);
				or
(6) Cultivating cannabis in
				violation of SDCL chapter 34-20G.
The department will notify the patient or caregiver of the
				  revocation in writing with a supporting rationale for revocation pursuant to
				  this section.
General Authority:
SDCL
					 34-20G-72(6).
Law Implemented:
SDCL
					 34-20G-36,
					 34-20G-72(6),
					 34-20G-84.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms in this chapter mean:
(1) "Division," as defined in subsection
  46:11:01:01(8);
(2) "Emergency
  placement," placement that occurs before a two week notice has been given to
  the contractor and provider;
(4)
  "Individualized service plan" or "ISP," as defined in subsection
  46:11:01:01(12);
(5) "Participant,"
  as defined in subsection 46:11:01:01(18);
(6) "Provider," as defined in subsection
  46:11:01:01(25);
(7) "Shared living
  home," or "home", the location services are provided in the private home of a
  participant, or a family, in which care is provided to a participant;
(8) "Shared Living Provider", a person who
  provides the shared living service to a participant who may or may not be a
  family member;
(9) "Relief care"
  shared living services provided by a person other than the assigned shared
  living provider, for an intermittent period of time, because of the absence of,
  or need for relief of, the Shared Living Provider.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:02 - Letter of compliance required

Current through Register Vol. 51, page 10, July 15, 2024
Prior to providing shared living or relief services to a participant, a
	 shared living provider shall meet the requirements of this chapter for the
	 issuance of a letter of compliance.
(1) A letter of compliance, issued to a
  shared living provider by the provider, shall specify the location, maximum
  capacity of the shared living home and that the home is not owned or leased by
  the provider;
(2) Any letter issued
  shall denote the name of the shared living provider and address on the face of
  the letter; and
(3) Each provider
  administering one or more shared living homes shall have a sample of their
  homes inspected by the division as part of the biennial
  certification.
(4) Each provider
  issuing a letter of compliance shall be certified under article
  46:11.
(5) Each provider must
  annually report to the division the number and names of people in the home,
  including shared living participants.
General Authority:
SDCL
		27B-2-26(2)(9)(10).
Law Implemented:
SDCL
		27B-2-26(2)(9)(10).
Biennial review for compliance with rules, §
											46:11:02:09.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:03 - Shared living home capacity

Current through Register Vol. 51, page 10, July 15, 2024
A shared living home may not serve more than three participants. The
	 shared living home capacity shall be established at the time of certification.
	 The division shall be notified of any capacity adjustments.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:03.01 - Age of shared living participants

Current through Register Vol. 51, page 10, July 15, 2024
Participants in a shared living home shall be over the age of
	 21.
General Authority:
SDCL
		27B-2-26(2)(9)(10).
Law Implemented:
SDCL
		27B-2-26(2)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:04 - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
An exception for a specific section, subsection, or paragraph of this
	 chapter may be requested by writing to the division 30 days before the
	 implementation of the exception. An exception will be considered if the
	 following criteria are met:
(1) The
  exception does not jeopardize the health, safety, or well-being of any
  participants in the home;
(2) The
  exception is based on the best interests and needs of the
  participant;
(3) Noncompliance with
  the regulation is of greater benefit to the participant than compliance with
  the regulation;
(4) There is an
  alternative method for meeting the intent of the regulation;
(5) There are special circumstances that make
  this home different from other homes complying with the regulation;
  and
(6) The exception does not
  violate any other State regulation or statute.
No exception will be granted for any variance from the requirements in
	 §§
										46:04:01:02 and
	 46:04:01:03.
In the event the participant requires relief care or emergency
	 placement, the shared living provider may implement an exception immediately.
	 The shared living provider shall notify the provider of the exception within 24
	 hours of the participant moving into the home. Written notice to the division
	 shall be made within one business day.
General Authority:
SDCL
		27B-2-26(2)(3)(4)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:05 - Responsibility for compliance

Current through Register Vol. 51, page 10, July 15, 2024
The provider certifying the shared living home is responsible for
	 meeting the requirements within this chapter.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:06 - Critical incident reports

Current through Register Vol. 51, page 10, July 15, 2024
The shared living provider and the provider are required to report
	 pursuant to §
									46:11:03:02.
General Authority:
SDCL
		27B-2-26(2)(4)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:07 - Screening

Current through Register Vol. 51, page 10, July 15, 2024
Each provider must have a policy that addresses criminal background
	 checks, felony convictions, and drug screenings for any independent contractors
	 that provide shared living to participants. The policy must include the
	 following:
(1) A description of the
  system used for background checks;
(2) A description of felony conviction checks
  for independent contractors utilizing the Office of Inspector General;
  and
(3) A description of drug
  screening pursuant to SDCL
  27B-1-19.
Before a participant is living or receiving respite care in the home, a
	 criminal history background check and a sex offender registry check shall be
	 completed for individuals 16 years of age or older who reside in the home. All
	 screening results shall be maintained by the provider.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:08 - Shared living provider responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
Each provider shall:
(1)
  Ensure that each shared living provider has appropriate training relevant to
  each participant; and
(2) Provide
  oversight of the shared living home and ensure that health and safety
  requirements are being met.
General Authority:
SDCL
		27B-2-26(2)(4)(9)(10).
Law Implemented:
SDCL
		27B-2-26(4)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:09 - Shared living provider services

Current through Register Vol. 51, page 10, July 15, 2024
The shared living provider shall provide services, including
	 assistance, support, and guidance, in life domain areas such as daily living,
	 safety and security, community living, healthy lifestyle, social and
	 spirituality, and citizenship and advocacy. The shared living provider shall
	 provide age appropriate services to the each participant as specified in the
	 participant's ISP.
General Authority:
SDCL
		27B-2-26(3)(9)(10).
Law Implemented:
SDCL
		27B-2-26(3)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:11 - Recreational and social activities

Current through Register Vol. 51, page 10, July 15, 2024
The shared living provider shall provide recreational and social
	 activities outside of the home.
General Authority:
SDCL
		27B-2-26(3)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:12 - Use of personal funds and property

Current through Register Vol. 51, page 10, July 15, 2024
A participant's personal funds or property may not be used as a reward
	 or punishment. A participant's personal funds or property may not be used as
	 payment for damages unless the participant consents to make restitution for the
	 damages shared living provider's shared living home, by the participant, must
	 be agreed upon and approved in writing by the provider, case manager, and the
	 participant or the participant's guardian, if any.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
Case manager, §
											46:11:05:05.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:13 - Emergency information

Current through Register Vol. 51, page 10, July 15, 2024
Emergency information for a participant shall be easily accessible at
	 the home. Emergency information for a participant shall include the
	 following:
(1) The name, address,
  telephone number, and relationship of a designated person to be contacted in
  case of emergency;
(2) The name,
  address, and telephone number of the participants physician or source of health
  care;
(3) The name, address, and
  telephone number of the person able to give consent for emergency medical
  treatment, if applicable;
(4) A
  copy of the participants most recent annual physical examination and a list of
  most current medications; and
(5) A
  copy of the participants current insurance information.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:14 - Supervision

Current through Register Vol. 51, page 10, July 15, 2024
A participant may be left unsupervised for specified periods of time
	 if the absence of direct supervision is consistent with the participants
	 assessment, is part of the participants ISP, and as an outcome which requires
	 the achievement of a higher level of independence. A participant requiring
	 direct supervision may not be left under the supervision of a person under the
	 age of 18. A participant may not be left unsupervised solely for the
	 convenience of the contractor.
A participant shall receive an assessment and training in accessing the
	 contractor, provider, or emergency services as determined by the participants
	 team and shall be documented.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:15 - Training required for shared living providers

Current through Register Vol. 51, page 10, July 15, 2024
Shared living providers shall meet the following training
	 requirements:
(1) Before a participant
  resides in a shared living home, the shared living provider is required to
  complete an initial orientation that includes the following:
(a) Emergency procedures concerning fire
  prevention, accident prevention, and response to emergencies; and
(b) Techniques of identifying and reporting
  abuse, neglect, and exploitation;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:16 - Training required for relief care providers and anyone over the age of 18 living in the home

Current through Register Vol. 51, page 10, July 15, 2024
Prior to delivering shared living services, relief care providers shall
	 receive training in disability awareness, the participant's ISP, and
	 identifying and reporting abuse, neglect, and exploitation. Anyone over the age
	 of 18 living in the home shall receive training in disability awareness, the
	 participant's ISP, and identifying and reporting abuse, neglect, and
	 exploitation, within 30 days of the participant moving into the home. Anyone
	 living in the home who turns 18 and anyone over the age of 18 who moves into
	 the home after the participant moves into the home shall receive the same
	 training within 30 days.
General Authority:
SDCL
		27B-2-26(3)(4)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:17 - Record of training

Current through Register Vol. 51, page 10, July 15, 2024
Records of training, including the training source, content, dates,
	 length of training, copies of certificates received, if applicable, and persons
	 attending, shall be kept by the provider.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:18 - Safety and sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The shared living home shall meet all of the following
	 requirements:
(1) The shared living
  home and premises shall be free of rodents and insects;
(2) Bedrooms located in the basement must
  have at least one egress window, which meets code as outlined in the Life
  Safety Code in NFP A 101 Life Safety Code, 2012 edition;
(3) Floors, walls, ceilings, and other
  surfaces shall be free of hazards;
(4) A telephone shall be present in the home
  for participants to access emergency services;
(5) Participant bed linens, towels,
  washcloths, and clothing shall be kept clean;
(6) Stairways, hall, doorways, and exits from
  rooms and from the home shall be unobstructed;
(7) Food shall be protected from
  contamination while being stored and prepared;
(8) Hazardous cleaning solutions, chemicals,
  and poisons shall be labeled and secured in an enclosed cabinet; and
(9) Removal of any condition that may have
  the potential to cause injury or illness.
General Authority:
SDCL
		27B-2-26(4)(5)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
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, Massachusetts 02269-9101. Phone:
		1-800-344 -3555. Cost: $101.00.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:19 - Heat sources

Current through Register Vol. 51, page 10, July 15, 2024
If there are heat sources, such as hot water pipes, fixed space
	 heaters, hot water heaters, radiators, wood and coal burning stoves and
	 fireplaces, exceeding 120 degrees Fahrenheit, that are accessible to
	 participants, the provider and contractor shall have documentation of the
	 participants understanding of the hazard.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:20 - Smoke and carbon monoxide detectors

Current through Register Vol. 51, page 10, July 15, 2024
A home shall have a minimum of one operable automatic smoke detector
	 and carbon monoxide detector provided on each floor, including the basement and
	 attic. Smoke detectors and carbon monoxide detectors shall be located in common
	 areas or hallways.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:21 - Participant training for emergencies

Current through Register Vol. 51, page 10, July 15, 2024
A shared living provider shall have a written fire and safety plan and
	 shall inform participants of the plan. Fire, tornado, and severe weather drills
	 shall be conducted on an annual basis. Documentation shall be kept of each
	 drill completed.
General Authority:
SDCL
		27B-2-26(2)(4)(5)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:22 - Firearms

Current through Register Vol. 51, page 10, July 15, 2024
Firearms shall be kept unloaded in a locked cabinet. Ammunition shall
	 be kept in a locked cabinet that is separate from firearms.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:23 - Medication, labeling, storage, and disposal

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for medications in shared living homes include the
	 following:
(1) Medications and
  biologicals, kept on the premises, shall be labeled with the drug name,
  strength, and expiration date;
(2)
  Medications shall be kept in a secure location, or in the participants room, to
  prevent unauthorized access;
(3)
  Medications requiring refrigeration may be stored in a refrigerator used for
  food storage if the drugs are stored in a sealed container and placed on the
  top rack or tray; and
(4) Outdated
  or discontinued medication shall be properly destroyed or disposed.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:24 - Medication training

Current through Register Vol. 51, page 10, July 15, 2024
A shared living provider, or and anyone over the age of 18 living in
	 the shared living home, administering medications to a participant, or
	 assisting a participant in the self-administration of medications, must meet
	 the same requirements as employees of providers who perform similar tasks as
	 provided in chapter 46:11:07. Documentation of the training shall be kept by
	 the provider.
General Authority:
SDCL
		27B-2-26(1)(2)(4)(5)(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:25 - Refusal of treatment

Current through Register Vol. 51, page 10, July 15, 2024
If a participant refuses routine medical or dental examination or
	 treatment, the refusal and continued attempts to train the participant about
	 the need for health care, shall be documented in the participants record. If a
	 participant has a serious medical or dental condition which requires immediate
	 treatment, reasonable efforts shall be made to obtain consent from the
	 participant or substitute consent in accordance with applicable
	 law.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:26 - Emergency placement

Current through Register Vol. 51, page 10, July 15, 2024
The case manager shall coordinate a team meeting before the end of the
	 first 30 day period of the participant residing at the emergency placement
	 home. The minutes of the team meeting shall document that a review of the ISP
	 and medication requirements of the participant were
	 discussed.
General Authority:
SDCL
		27B-2-26(9)(10).
Law Implemented:
SDCL
		27B-2-26(9)(10).
Case manager, §
											46:11:05:05.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:04 - Community Services › Chapter 46:04:01 - Shared living homes › Section 46:04:01:27 - Representative payee

Current through Register Vol. 51, page 10, July 15, 2024
A shared living provider may not be the representative payee for the
	 participant.
General Authority:
SDCL
		27B-2-26(2)(4)(9)(10).
Law Implemented:
SDCL
		27B-2-26(2)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:01 › Section 46:05:01:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27.
Law Implemented:
SDCL
		34-20A-6, 34-20A-9, 34-20A-10,
		34-20A-16,
		34-20A-27, 34-20A-9
		1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-44.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-44.
License required to operate institutions, SDCL
		34-12-2.
Fire safety code requirements, § 44:04:03:01.
Dietetic standards for all facilities, § 44:04:07:01.
Policies and procedures, §
		44:04:08:02.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-44.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-44.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL 34-20A-9, 34-20A-10,
		34-20A-27,
		34-20A-44, 34-20A-46, 34-20A-48,
		34-20A-9 0.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:09.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-46.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:09.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-40,
		34-20A-46.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:09.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-46.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-44,
		34-20A-44.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27, 34-20A-46,
		34-20A-48.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-46.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27,
		34-20A-90.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27, 34-20A-46,
		34-20A-48.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:02 › Section 46:05:02:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27, 34-20A-46,
		34-20A-48.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(5).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(5).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:03 › Section 46:05:03:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 34-20A-27(3).
Law Implemented:
SDCL 20-13-1(12), 20-13-23, 20-13-23.1,
		34-20A-27, 29 U.S.C. §
												794.